IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 4379 of 2010() ----------------------------------- SC.NO.286/2009 of ADDL. SESSIONS COURT (ADHOC-II), KASARAGOD .................... PETITIONER/ACCUSED ---------------------------------- EBRAHIM, S/O. MOOSA, RAHMATH MANZIL, PERIYA ROAD,PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.P.K.MUHAMMED, SRI.M.ABDUL RASHEED. RESPONDENTS/STATE & COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SENIOR PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2. THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARAGOD, PIN-670 121. *ADDL. R3 TO R6 IMPLEADED ADDL. R3: N. SURESH, S/O.NARAYANAN, (BANK PEON), PALLIKARA, KANJANGADU, KASARAGOD DISTRICT. ADDL. R4: MANIKANTAN K., S/O.NARAYANAN, (BANK CLERK), PANAYAL, HOSDURG, KASARAGOD. ADDL. R5: M. RAJESH, S/O.A. NARAYANAN, PANAYAL, HOSDURG, KASARAGOD. ADDL. R6: K. VENU, S/O.M. NARAYANAN NAIR, O/O.COLLECTION AGENT, PANAYAD, HOSDURG, KASARAGOD. *ADDITIONAL R3 TO R6 ARE IMPLEADED AS PER ORDER DATED 15/11/2010 IN CRL.MA.7108/2010 IN CRL.MC.4379/2010. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4379 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioner was the seventh accused in S.C.311/2007 on the file of Additional Sessions Court(Adhoc-II), Kasaragod. As petitioner was absconding, the case against him was split up and refiled as S.C.286/2009. The remaining 15 accused were tried and by Annexure A judgment, those accused were acquitted. Prosecution case is that on 15.2.2006 at 10.15 p.m, the 16 accused formed themselves into an unlawful assembly with the common object of causing hurt to respondents 3 to 6 and in furtherance of the common object armed with deadly weapons like iron road, cycle chain etc, they attacked respondents 3 to 6, who were engaged on the decoration work in connection with the youth march of DYFI and assaulted them and thereby Crl.M.C.4379/2010 2 committed the offences under sections 143, 147, 148, 324 and 308 read with section 149 of Indian Penal Code. Annexure A judgment shows that though respondents 3 to 6 were examined none supported the prosecution case and therefore examination of the remaining witnesses were given up, as it was disclosed to the court that the injured have already settled the disputes and they have no subsisting grievance against the accused. Respondents 3 to 6 filed a joint petition along with the petitioner, stating that entire disputes were settled amicably and consequent to the settlement, respondents 3 to 6 have no grievance against the petitioner and therefore permission is to be granted to compound the offences. But as offences under section 308 of Indian Penal Code is not compoundable, permission to compound the offence cannot be granted. 2. Learned counsel appearing for the petitioner and respondents 3 to 6 and learned Public Prosecutor were heard. Crl.M.C.4379/2010 3 3. Annexure A judgment itself shows that when 16 of the accused were tried, none supported the prosecution case. The learned Sessions Judge being satisfied that the matter has been settled between the injured and the accused, did not examine the remaining prosecution witnesses. Joint petitions filed by respondents 3 to 6 with the petitioner establish that even if they are to be examined again, there is no likelihood of any evidence against the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution as it would only result in unnecessary waste of valuable time of the court. Petition is allowed. S.C.286/2009 on the file of Additional Sessions Judge (Adhoc-II), Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006