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. 2993 of 2009 ---------------------------------- (CC.NO.178/2001 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA) .................... PETITIONER/ 4TH ACCUSED: ------------------------------------------ VIJAYAN, S/O.KRISHNAN KUTTY, THERIVILA VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. BY ADV. MR.P.R.VENKETESH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. 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.2993 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioner was the fourth accused in C.C.178/2001 on the file of Judicial First Class Magistrate-II, Neyyattinkara. Prosecution case was that on 12/11/2000 at about 10.30 p.m five accused formed themselves into an unlawful assembly with the common object of widening the existing road and armed with deadly weapons like pick-axe and iron lever trespassed into the property of de faco complainant Sasidharn, who was examined as PW1 in that case and forcibly widened the road and thereby committed offence under Sections 143, 147, 447, 427 read with Section 149 of Indian Penal Code. Before the learned Magistrate Annexure-2 petition was filed by the accused and de facto complainant for permission to compound the offence. But the learned Magistrate did not grant permission to compound the offences. Though four witnesses were examined they did not support the prosecution case including the de facto complainant. CRMC 2993/09 2 By Annexure-7 judgment learned Magistrate acquitted accused 1 to 3 and 5 after re-filing the case as against the petitioner as C.C.188/2006, who was then absconding. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against him contending that in view of the order of acquittal as against the co-accused, even if petitioner is to be tried, as there is no likelihood of a successful prosecution, the case is to be quashed. 2. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 3. Annexure-2 petition filed before the learned Magistrate establish that there was a settlement of the disputes with the de facto complainant. Annexure-7 judgment shows that even though the petition filed for permission to compound the offence was not granted, the prosecution witnesses when examined, none of them supported the prosecution case. Hence learned Magistrate was compelled to acquit the co-accused. When there is no specific case as against petitioner and the only case is that he was one among the members of unlawful assembly and the other members of the unlawful assembly are the remaining accused and all of CRMC 2993/09 3 them acquitted, even if petitioner is to be tried it will not serve any purpose. In the light of the settlement and order of acquittal under Annexure-7 judgment, chance of a successful prosecution is very bleak. It would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.188/2006 now pending as L.P.90/2007 on the file of Judicial First Class Magistrate-II, Neyyattinkara is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.