IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.MC.No. 3188 of 2009() ------------------------- CC.876/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S)/ACCUSED 1 & 3: --------------- 1. DELISH, S/O. SEBASTIAN, PALLIKKATHARA VEEDU, NAZARETHU KARA, REMESWARAM VILLAGE. 2. SHIBU, S/O. JOSEPH, IX/860, PANDIKUDY DESOM, THOPPUMPADY VILLAGE. BY ADV. SRI.V.N.SUNIL KUMAR RESPONDENT(S)/STATE & DE FACTO COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HENRI NETTO, S/O. CHISTOPHER NETTO, IX/157, KIZHAKKE ODATHA BHAGAM, VELI DESOM, FORTKOCHI VILLAGE. ADV. SRI.A.P.SHERI FOR R2 R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3188 OF 2009 ------------------------------------------ Dated 6th October 2009 O R D E R Petitioners were originally accused 5 and 12 in C.C.312/2005 on the file of Judicial First Class Magistrate-I, Kochi. As the petitioners and accused No.8 were absconding, case as against them was split up and re-filed as C.C.876/2008. Remaining nine accused were tried by the learned Magistrate. Under Annexure-II judgment they were found not guilty and were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against them contending that in view of the order of acquittal as against the co-accused and settlement of the disputes with second respondent, de facto complainant, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Crl.M.A.5481/2009 jointly with the petitioners stating that they have settled the disputes amicably and second respondent has no CRMC 3188/09 2 objection for quashing the proceedings consequent to the settlement. 3. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 4. Prosecution case is that on 8/8/2004 at about 9.15 p.m twelve accused formed themselves into an unlawful assembly with the common object of causing damages to the autorickshaw of second respondent and in furtherance of the common object, armed with dangerous weapons destroyed the wind shield and seat of autorickshaw KL.7.H/3550 belonging to second respondent and caused loss of Rs.3,000/- to him and thereby committed offences under Sections 143, 147, 148, 427 and 506(ii) read with Section 149 of Indian Penal Code. Annexure-II judgment shows that when nine accused were tried, second respondent, whose autorickshaw was damaged turned hostile and did not support the prosecution case. So also, the three independent eye witnesses, who were examined, also turned hostile. It is in such circumstances, learned Magistrate acquitted the nine accused by Annexure-II judgment. 5. Joint petition filed by second CRMC 3188/09 3 respondent with petitioners establish that even if petitioners are to be tried, second respondent is not going to give evidence as against the petitioners consequent to the settlement. Therefore, it is clear that even if petitioners are to be directed to undergo ordeal of a trial, no fruitful purpose will be gained as there is no chance of a conviction. It would only result in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.876/2008 on the file of Judicial First Class Magistrate-I, Kochi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.