IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2751 of 2009(F) ------------------------------------ LPR 31/2005 IN SC.439/2005 of ADDL. ASSISTANT SESSIONS COURT, IRINJALAKUDA ................................................ PETITIONER(S): ACCUSED -------------------------------------- KUNJUMON, S/O.KUNJUMOHAMMED, AGED 38 YEARS, THALAKKETTATHUKARAN HOUSE, VELUPPADAM PO, THRISSUR BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOY, S/O.VARGHESE, CHIRAYATH HOUSE, MANAGER, RAJANA BAR VARANDARAPOPILLY, THRISSUR DIST. PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1. ADV. SMT.P.R.REENA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2751 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioner was the fourth accused in S.C.439/2005 which was taken cognizance as per order of committal in C.P.23/2002. Remaining accused were committed as per order in C.P.52/2003 and taken on file as S.C.551/2004. As the petitioner was absconding the case as against him was split up and re-filed as S.C.439/2005 and other accused were tried by the learned Additional Assistant Sessions Judge, Irinjalakuda. Under Annexure-IV order all of them were acquitted. As presence of the petitioner could not be procured, case against him was later removed to the register of long pending cases and is now pending as L.P.31/2005. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against him contending that in view of the order of acquittal, as against the remaining accused and settlement of the disputes with the defacto complainant, in the interest of justice the case is CRMC 2751/09 2 to be quashed. Second respondent is the defacto complainant. Second respondent appeared through a counsel and also filed a statement to the effect that the dispute with the petitioner was settled and he has no grievance as against the petitioner and therefore, he has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 3. Prosecution case is that 19 accused committed offences under Sections 143, 147, 148 and 427 read with Section 149 of Indian Penal Code and under Section 3 and 5 of Explosive Substance Act. Annexure-IV judgment establish that though the remaining accused were tried, prosecution witnesses did not support the prosecution case and therefore, all the accused were acquitted. Therefore, even if the petitioner is to be tried, there is no chance for a conviction as the prosecution witnesses have already turned hostile. More over, affidavit of the second respondent, the defacto complainant, shows that there was a settlement of all the disputes and therefore, CRMC 2751/09 3 even if the petitioner is to be tried, he can only be acquitted. In such circumstances, even if petitioner is directed to undergo the ordeal of a trial, it would only result in waste of valuable time of the court. In such circumstances, in the interest of justice case is to be quashed. Petition is allowed. L.P.31/2005 on the file of Additional Assistant Sessions Judge, Irinjalakuda as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.