IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 1929 of 2009(A) ----------------------------------- LP.197/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR (CRIME 39/1995 OF PAYANGADI POLICE STATION) .................... PETITIONER/ACCUSED: -------------------------------- KHALEEL, S/O SIVAYI ALI, THOUFEEQUE MANZIL, MADAYI, KANNUR DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & COMPLAINANT: ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PAYANGADI POLICE STATION, KANNUR - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. 2. MAHAMOOD.S.V., S/O K.C.ABDULLA, S.V.HOUSE, M.P.XVI/565, NEAR CH SOUDAM, PUTHIYANGADI, MADAYI, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. R2 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. =================== Crl.M.C. No. 1929 of 2009-A =================== Dated this the 26th day of June, 2009. O R D E R Petitioner was accused No.19 in C.C.No.174/1995 on the file of Judicial First Class Magistrate Court, Payyannur. Prosecution case was that all the accused formed themselves into an unlawful assembly with the common object of inflicting injury on the second respondent, the injured defacto complainant and committed offences under Sections 143, 147, 448 and 506(1) read with Section 149 of Indian Penal Code. As the petitioner along with other accused were absconding, case as against them were split up and refiled. Accused Nos.1 to 3, 6, 8, 10, 13 to 18 were tried. They were found not guilty of the offences and were acquitted as per Annexure A judgment dated 10-9-1998. The refiled case was taken as C.C.No.719/1998. Petitioner was the ninth accused therein. Case as against the petitioner and some other accused were again split up and refiled. Accused Nos.1, 3, 4 and 5 therein were tried in C.C.No.719/1998 and under Annexure B judgment, they Crl.M.C.No.1929/2009-A -2- were also acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner, which is now pending as L.P.No.197/2003. Case of the petitioner is that in view of the acquittal of co- accused, there is no chance of a conviction, even if petitioner is to be tried and moreover the dispute with the second respondent, injured defacto complainant, has already been settled and therefore there is no necessity to proceed with the case. 2. Second respondent appeared through a Counsel and submitted that Annexure C affidavit was filed by the second respondent admitting the settlement and reporting that he has no subsisting grievance against the petitioner and has no objection to quash the case. 3. Learned Counsel appearing for the petitioner and the learned Public Prosecutor were heard. 4. Annexure A and B judgments show that some of the accused whose presence could be procured were tried and all of them were acquitted for want of evidence. Crl.M.C.No.1929/2009-A -3- Annexure C petition with the stand taken by the second respondent establish that even if petitioner is to be tried, second respondent will not give evidence as against him consequent to the settlement of the disputes. The offences alleged are personal against the second respondent. In the light of the settlement and when the prospect of a successful prosecution is very bleak, no purpose will be served by directing the petitioner to undergo the ordeal of a trial. It would result in only waste of valuable time of the court. In such circumstances, in the interest of justice, it warrant to close the case as against the petitioner is to be quashed. 5. Crl.M.C. is allowed. L.P.No.197/2003 on the file of Judicial First Class Magistrate, Payyannur, arising in Crime No.39/1995 of Payangadi Police Station, as against the petitioner is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr