IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Crl.MC.No. 2977 of 2009() ----------------------------------- C.C.64/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM. CC.417/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER/ACCUSED NO.4 ---------------------------------------- SUNIL @ SANNI, AGED 47 YEARS S/O. UNNIKUTTY CHETTIAR, SABITHA NIVAS, NELLIKKODE, KOZHIKODE DISTRICT. BY ADV. MR.DEVAPRASANTH.P.J. RESPONDENTS/COMPLAINANTS ----------------------------------------------- 1. STATE OF KERALA, REP. BY SI OF POLICE MEDICAL COLLEGE POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. DIVYA. R., D/O. RADHAKRISHNAN, CHATHANKANDY HOUSE, THACHANKUNNU,KEEZHUR.P.O. PAYYOLI, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. MR.S.K.SAJU, MR.A.RANJITH NARAYANAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2977 OF 200 ------------------------------------------ Dated 14th September 2009 O R D E R Petitioner was fourth accused in C.C.417/2007 on the file of Judicial First Class Magistrate, Kunnamangalam taken cognizance for the offences under Sections 323, 406, 498 A read with Section 34 of Indian Penal Code. First accused was the husband and second accused his mother and third accused, the sister and petitioner her brother-in- law. As the petitioner was absconding, case as against him was split up and re-filed as C.C.64/2008 and the other accused were tried by the learned Magistrate. Under Annexure-II judgment finding that in view of settlement, prosecution witness did not support the prosecution case, the accused were acquitted. 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 settlement with second respondent and acquittal of the co-accused, case as against him is to be quashed. 2 2. Annexure-II judgment shows that accused 1 to 3 were already acquitted consequent to the settlement between the parties as prosecution witness did not support the prosecution case. Annexure-III affidavit shows that there was a settlement of all the disputes with second respondent and second respondent has no objection for quashing the case as against the petitioner. In view of the acquittal of the co-accused and settlement of the disputes with second respondent, even if petitioner is to be tried, there is no chance for a successful prosecution. It would only result in waste of valuable time of the court. In such circumstances, in the interest of justice petition is allowed. C.C.64/2008 on the file of Judicial First Class Magistrate, Kunnamangalam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.