IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 4031 of 2009() ------------------------- SC.186/2007 of ASSISTANT SESSIONS COURT, HOSDURG .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. T.SHAFEER, AGED 23 YEARS, S/O.KHADER, M.K.HOUSE, ARANGADI, HOSDURG VILLAGE, P.O.KANHANGAD, KASARAGOD DISTRICT. 2. ABDULRAHIMAN, AGED 27 YEARS, S/O.AHAMMADKUNHI, ARANGADI VILLAGE, P.O.KANHANGAD, KASARAGOD DISTRICT. BY ADV. MR.K.P.HARISH RESPONDENT(S): STATE & DEFACTO COMPLAINANT (CW1, i.e.,INJURED) -------------------------------------------------------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.H.HAKEEM, AGED 23 YEARS, S/O.LATE MOHAMMED, MANIKKOTH, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM R2 BY ADV. MR.M.T.SURESHKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4031 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioners were originally accused 6 and 7 in C.P.189/2006 on the file of Judicial First Class Magistrate, Hosdurg. Except the case against fourth accused, case against others was committed to the Sessions court. As petitioners and fifth accused were absconding, the case as against them was split up and others were tried in S.C.146/2007 on the file of Assistant Sessions court, Hosdurg. By Annexure-V judgment they were acquitted. Petitioners were accused 4 and 5 in S.C.146/2007. After presence of petitioners were procured, the case as against them was re-numbered as S.C.186/2009 and it is now Crmc 4031/09 2 pending before Assistant Sessions court, Hosdurg. Original fourth accused, whose case was not committed, filed Crl.M.C.3500/2009 to quash the proceedings as against him contending that in view of the order of acquittal against the co-accused as well as settlement of the disputes with the injured, it is not in the interest of justice to continue the proceedings. By Annexure-VII order, the case as against original fourth accused was quashed. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners contending that in view of the settlement of all the disputes with the second respondent, the injured and in view of the order of acquittal as against the co-accused and quashing of the case as Crmc 4031/09 3 against one of the co-accused, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-VIII consent statement, stating that as the entire disputes were settled amicably, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. By Annexure-VII order this court had quashed the case as against original fourth accused, finding that no purpose will be served by proceeding with the case, in view of the evidence already tendered before the Assistant Sessions court in S.C.146/2007 and in view of the settlement of the disputes Crmc 4031/09 4 with the injured. Annexure-VIII consent statement shows that dispute of the petitioners with second respondent were settled amicably. In such circumstances, there is no likelihood of a conviction, even if, petitioners are to be tried. As is clear from Annexure-V judgment and Annexure-VII order, the injured as well as the eye witnesses, when examined, already deposed that they did not identify the assailants. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. S.C.186/2009 on the file Assistant Sessions court, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.