IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 3033 of 2009 --------------------------------- [CC.NO.630/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, NEYYATTINKARA] .................... PETITIONER/ ACCUSED: ----------------------------------- JAYAKUMAR,S/O.PARAMESWARAN,PILLA VEEDU, VADAKARA DESOM,PERUMKADAVILA,NEYYATTINKARA. BY ADV. MR.G.SUDHEER (KARAKONAM). RESPONDENTS/ STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. JAYARAJ,S/O.APPUKUTTAN,'NIKUNJAM', VADAKARA DESOM,PERUMKADAVILA VILLAGE, NEYYATTINKARA. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI, R2 BY ADV. MR.S.K.VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3033 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioner was third accused in C.C.11/2004 on the file of Judicial First Class Magistrate-I, Neyyattinkara. Prosecution case is that the six accused formed themselves into an unlawfully assembly on 26/9/2002 and in furtherance of the common object on a day declared by BJP as Bharath Bandh, wrongfully restrained second respondent who was riding a motor cycle and caused hurt to him and threatened him and thereby committed offences under Sections 141, 142, 143, 147, 148, 341, 323, 324 and 506(ii) read with Section 149 of Indian Penal Code. As petitioner was absconding the case as against him was split up and re-filed as C.C.630/2007. Under Annexure-C judgment, after recording the evidence the other accused were acquitted, as it is found that second respondent turned hostile to the prosecution and the other witnesses also did not support the prosecution case. This petition is filed under Section 482 of Code of CRMC 3033/09 2 Criminal Procedure to quash the case as against the petitioner contending that in view of the order of acquittal of the co-accused and also in view of the settlement of the dispute with second respondent, the injured who was wrongfully restrained, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-E affidavit stating that all disputes with the petitioner were settled and he has no objection for quashing the proceedings. 3. Learned counsel appearing for petitioner and second respondent and learned Public Prosecutor were heard. 4. Annexure-C judgment shows that when the remaining five accused were tried by the learned Magistrate, second respondent as well as the other material witnesses have turned hostile and did not support the prosecution case. Affidavit filed by the second respondent establish that there was a settlement of the disputes with the petitioner. In view of the settlement and the fact that other witnesses have already turned hostile, no fruitful purpose will be served by directing the petitioner to undergo the CRMC 3033/09 3 ordeal of a trial. It would only result in unnecessary waste of valuable time of the court, as there is no chance of successful prosecution. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.630/2007 on the file of Judicial First Class Magistrate-I, Neyyattinkara as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.