IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Crl.MC.No. 1645 of 2009(C) ------------------------- CC.115/2008 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S)/ACCUSED: --------------- 1. ABDUL GAFOOR,S/O.MUHAMMED HAJI, POOKODAN HOUSE,VALAMANGALAM, ERNADU TALUK,MALAPPURAM DISTRICT. 2. ABDUL NAZAR,S/O.MOOSA, POOKODAN HOUSE,MANGAM, ERNADU TALUK,MALAPPURAM DISTRICT. 3. ABDUL JABBAR,S/O.MUHAMMED HAJI, POOKODAN HOUSE,VALAMANGALAM, ERNAD TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL RESPONDENT(S)/CWs.1 TO 4 & STATE: --------------- 1. AHAMMED KABEER,AGED 28, S/O.MUHAMMEDKUTTY,VALIYAPEEDIKAKKAL HOUSE, VALAMANGALAM AMSOM,PULPETTA DESOM,ERNAD TALUK, MALAPPURAM DISTRICT. 2. MUHAMMED BASHEER,AGED 39, S/O.MUHAMMEDKUTTY,VALIYAPEEDIKAKKAL HOUSE, VALAMANGALAM AMSOM,PULPETTA DESOM, ERNAD TALUK,MALAPPURAM DISTRICT. 3. RASHEED,AGED 28,S/O.SAIDALAVHAJI, THALAKODAN HOUSE,VALAMANGALAM AMSOM, PULPETTA DESOM,ERNAD TALUK, MALAPPURAM DISTRICT. 4. SAIDALAVIHAJI,AGED 52,S/O.HASSANHAJI, THALAKODAN HOUSE,VALAMANGALAM AMSOM, PULPETTA DESOM,ERNAD TALUK,MALAPPURAM DISTRICT. 5. STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. R1 TO R4 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) R5 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ==================== Crl.M.C. No. 1645 of 2009-C ==================== Dated this the 16th day of June, 2009. O R D E R Petitioners are accused 1, 3 and 5 in C.C.No.172/2005 on the file of Judicial First Class Magistrate Court, Manjeri. Prosecution case is that on 10-10-2004 at about 8.00 PM the accused, due to their enmity with respondents 1 to 4, the injured, formed themselves into an unlawful assembly and in furtherance of their common object armed with deadly weapons like sword and iron road inflicted injuries on them and thereby committed offences under Sections 143, 147, 148, 323, 324 and 326 read with Section 149 of Indian Penal Code. As accused 1, 3 and 5 were absconding, the case as against them was refiled as C.C.No.115/2008 and the case as against others were tried. On the evidence, under Annexure B judgment dated 14-3-2008, accused 2, 4 and 6 were found not guilty and were acquitted. This petition is filed under Section 482 of Code of Criminal Crl.M.C.No.1645/2009-C -2- Procedure to quash the case pending against them as C.C.No.115/2008 contending that their dispute with respondents 1 to 4 were settled and respondents 1 to 4 have no intention to prosecute the petitioners and therefore the case is to be quashed. Respondents 1 to 4 appeared through a Counsel and also admitted that Annexure C affidavit was filed asserting that the disputes with the petitioners have already settled and they have no objection for quashing the complaint. 2. Annexure C along with submission of the learned Counsel for petitioners and respondents 1 to 4 establish that there was a settlement of all the disputes between the injured, respondents 1 to 4 and petitioners, who were absconding when the case was tried as C.C.No.172/2005. Annexure B judgment establish that accused, who were tried by Chief Judicial Magistrate were acquitted and respondents 1 to 4 when examined in that case did not give any incriminating evidence against the accused. In the light Crl.M.C.No.1645/2009-C -3- of the settlement, it will not serve any purpose by directing the petitioners to be tried in C.C.No.115/2008, as there is no possibility of respondents 1 to 4 deposing against the petitioners. Consequently chance of a successful prosecution is very bleak. In such circumstances, directing the petitioners to undergo the ordeal of a trial would only result in waste of the valuable time of the court, which could be utilised for better purpose. In such circumstances, petition is allowed. In the interest of justice, C.C.No. 115/2008 on the file of Chief Judicial Magistrate, Manjeri, as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr