IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Crl.MC.No. 2237 of 2009() ------------------------- LP.95/2000 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... (CRIME NO.56/1994 OF THE ELATHOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. SAJID, S/O.ALI, ATHIMANNIL HOUSE, EDAKKARA, MALAPPURAM DISTRICT. 2. ABDUL RASHEED, S/O.MUHAMMED, PARAMBAN HOUSE, VAZHIKKADAVU, NILAMBUR, MALAPPURAM DISTRICT. 3. ABDUL MAJEED, S/O.MUHAMMED, MOOTHEDATH HOUSE, EDAKKARA, MALAPPURAM DISTRICT. 4. YOUSAF, S/O.MUHAMMED, POTTUR, EDAKKARA, MALAPPURMA DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): STATE & DEFACTO COMPLAINANTS: ---------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ELATHOOR POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SHAMSUDHEEN, S/O.USMAN, PUNNASSERY PARAMBA, PUTHIYANGADI, KOZHIKODE DISTRICT. 3. SULFATH, W/O.SHAMSUDHEEN, PUNNASSERY PARAMBA, PUTHIYANGADI, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 & R3 BY ADV.SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2237 of 2009 -------------------------- ORDER Petitioners are accused 1, 2, 5 and 10 in Crime No.56/1994 of Elathoor Police Station. Prosecution case was that on 24.5.1994, the ten accused, in furtherance of their common intention, trespassed into the house of third respondent situated at Punnassery Paramba, Puthiyangadi and kidnapped second respondent, her husband and robbed T.V., Usha Table Fan and records and also committed damages to the windows and doors and thereby committed the offences under Sections 452, 395, 461, 427, 364 and 120B read with Section 34 of Indian Penal Code. As petitioners were absconding, the case as against themwere split up and refiled as L.P.No.95/2000 before Judicial First Class Magistrate's Court-IV, Kozhikode. Case as against the other accused was committed to the Sessions Court and they were tried by Assistant Sessions CRMC 2237/09 2 Judge, Kozhikode in S.C.No.196/2004. Under Anenxure-A judgment, the said accused were acquitted under Section 235(1) of Code of Criminal Procedure finding them not guilty of the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners contending that subsequently there was a settlement of disputes with respondents 2 and 3 and in the light of the order of acquittal as well as the settlement, there is no necessity to proceed with the case and therefore, it is to be quashed. 2. Respondents 2 and 3 appeared through a counsel and also filed an affidavit stating that in view of the settlement of the disputes, they have no objection for quashing the proceedings and in fact, they did not identify the accused. 3. Learned counsel appearing for the petitioners and respondents 2 and 3 and learned Public Prosecutor were heard. CRMC 2237/09 3 4. Learned Public Prosecutor submitted that statements of respondents 2 and 3 were recorded later and they asserted that there was a settlement of the disputes. 5. In the light of the settlement with respondents 2 and 3, even if petitioners are to be tried, there is no chance of a successful prosecution. In such circumstances, it would result only in unnecessary waste of valuable time of the court. Therefore, in the interest of justice, the case is to be quashed. Petition is allowed. L.P.No.95/2000 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode in Crime No.56/1994 of Elathur Police Station as against the petitioners is quashed. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv