IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Crl.MC.No. 3056 of 2009 ---------------------------------- [CC.NO.1453/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR] .................... PETITIONER/ ACCUSED NO.2: ------------------------------------------- BITTU THOMAS , AGED 22 YEARS ALUVILA VEEDU, ERATHUVADAKKUTHERIYIL, PATTAZHI VADAKKARA VILLAGE. BY ADVS. MR. K.SHAJ, MR.L.RAJ MOHAN, MR.SAJJU.S. RESPONDENTS/ STATE, CW1 AND OTHERS: ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PHILIP, AGED 47 YEARS, S/O.KUNJAPPY, PATTAZHI VADAKKAKKARA VILLAGE, PATHANPURAM. 3. GOPINATHAN, AGED 49 YEARS, S/O.VASUDEVAN NAIR, ENATHU, ADOOR TALUK. 4. THOMAS, S/O.GEORGE, AGED 43 YEARS, THAZHATHU VADAKKU, PATTAZHI, PATHANAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 TO R4 BY ADV. MR.SYAM J SAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3056 of 2009 -------------------------- ORDER Petitioner was the second accused in Crime No. 379/2006 of Pathanapuram Police Station, taken cognizance by the learned Magistrate as C.C.No. 1823/2006 for the offences under Sections 323, 324 and 392 read with Section 34 of Indian Penal Code. Prosecution case is that on 20.8.2006 at about 5.45 p.m., the three accused, in furtherance of their common intention to commit robbery, assaulted second respondent and forcibly took away Rs.1,555/- from his pocket and thereby committed the offences. As accused 1 and 2 were absconding, the case as against them was split up and refiled as C.C.No. 1453/2008 and third accused was tried. As is clear from Annexure-A2 judgment of the learned Magistrate, PWs 1 to 3, the injured and the persons, who were accompanying the injured, did not depose anything as against the third accused or the CRMC 3056/09 2 second accused and only deposed as against the first accused. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that in view of the order of acquittal of third respondent under Annexure-A2 judgment and the settlement arrived at between the parties, it is not in the interest of justice to continue with the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-A2 judgment of the learned Magistrate establishes that the case as against the third accused was tried and all the witnesses examined did not depose anything as against the petitioner, who was the second accused as well as the third accused. Hence, third accused was acquitted. 4. Annexures-A3 to A5 affidavits filed by respondents 2 to 4, the injured defacto complainant, whose cash was robbed, as well as the CRMC 3056/09 3 eye witnesses, establish that there was a settlement of the disputes with the petitioner and even if they are to be examined, they will not depose anything as against the petitioner. In such circumstances, no purpose will be serve by directing the petitioner to undergo the ordeal of a trial. Instead, it would result only in waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1453/2008 on the file of Judicial First Class Magistrate's Court- III, Punalur as against the petitioner is quashed. 22nd September, 2009 (M.Sasidharan Nambiar, Judge) tkv