IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Crl.MC.No. 4844 of 2010() ------------------------------------ CP.24/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA CRIME NO.519/2006 OF PATHANAMTHITTA POLICE STATION. .................... PETITIONER/ACCUSED --------------------------------- SANTHOSH KUMAR, PURATHOOTTU HOUSE, MEKKATTOOR, MYLAPRA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.V.K.SUNIL, SMT.NIMA JACOB. RESPONDENTS/COMPLAINANT/STATE AND INJURED ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SABU, KANNANKARAMANNIL HOUSE, KANNANKARA, VALANCHUZHI, PATHANAMTHITTA. 3. ADV.VINU BALAJI, BALAJI BHAVAN, KANNANKARA, MAROOR, PATHANAMTHITTA. 4. SURESH KUMAR, PALAMOOTTIL MELETHIL HOUSE KANNANKARA, VALANCHUZHI, PATHANAMTHITTA. R1 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R2 TO R4 BY ADV. SRI.S.MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4844 of 2010 -------------------------- ORDER Petitioner was the second accused in C.P.No. 45/2006 on the file of Judicial First Class Magistrate's Court-I, Pathanamthitta. As petitioner was absconding, case against him was split up and re-filed as C.P.No.24/2007. Case against the remaining three accused was committed to the Sessions Court. It was taken on file as S.C.No. 364/2007. Those accused were tried by Additional Sessions Judge, Pathanamthitta. By Annexure-IV judgment dated 27.8.2009, those accused were acquitted of the offences under Sections 323, 324 and 308 read with Section 34 of Indian Penal Code. Case against the petitioner was subsequently removed to the register of long pending cases. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the order of acquittal CRMC 4844/10 2 against the co-accused and settlement of the disputes with respondents 2 to 4, the defacto complainant and the injured, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 to 4 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes amicably and consequent to the settlement, they have no objection for quashing the proceedings. It is also stated that though an offence under Section 308 of Indian Penal Code is alleged, that offence is not attracted and in view of non compoundable offences, the offences cannot be compounded. 3. Learned counsel appearing for the petitioner, respondents 2 to 4 and learned Public Prosecutor were heard. 4. Prosecution case is that on 8.6.2006, in furtherance of their common intention, the four accused attacked respondents 2 to 4, armed with deadly weapons and inflicted injuries and thereby CRMC 4844/10 3 committed the offences. Offences alleged are purely personal in nature against respondents 2 to 4. Annexure-IV judgment reveals that the remaining three accused were already acquitted as the prosecution witnesses did not support the prosecution case. Affidavits of respondents 2 to 4 establish that even if they are to be examined in this case, there is no likelihood of a successful prosecution. Hence, it is clear that trial would result only in unnecessary waste of valuable time of the court. Petition is allowed. C.P.No.24/2007 on the file of Judicial First Class Magistrate's Court-I, Pathanamthitta against the petitioner/second accused is quashed. 10th December, 2010 (M.Sasidharan Nambiar, Judge) tkv