IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Crl.MC.No. 3201 of 2009() ------------------------- CC.397/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I,OTTAPPALAM L.P.173/04 OF Judicial First Class Magistrate, OTTAPALAM .................... PETITIONER(S): 4TH ACCUSED : ----------------------- BIJU, S/O.SIVARAMAN NAIR, AGED 32 YEARS, ENNASSERI VEED, ANCHUMOORTHY P.O., MANGALAM, VADAKKENCHERY, ALATHUR. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S)/COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT. 3. MURALEEDHARAN, S/O.KARUNAKARAN, AGED 33 YEARS, SARITHANIVAS, CHUNANGADU, OTTAPALAM, PALAKKAD DISTRICT. 4. SUDHEER @ SAJEEV, S/O.VELAYUDHAN, AGED 36 YEARS, AMBALAPARA, OTTAPALAM. 5. MURALEEDHARAN, S/O.SUKUMARAN, AGED 37 YEARS, AMBALAPARA, OTTAPALAM. 6. SURESHKUMAR, S/O.AYYAPPAN, AGED 35 YEARS, AMBALAPARA, OTTAPALAM. ADV. SRI.RAJU SEBASTIAN VADAKKEKKARA FOR R3 TO 6 R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3201 OF 2009 ------------------------------------------ Dated 6th October 2009 O R D E R Petitioner was fourth accused in C.C.58/2000 on the file of Judicial First Class Magistrate, Ottapalam. As petitioner was absconding, case as against him was split up and the remaining seven accused were tried by the learned Magistrate. As de facto complainant who is the injured turned hostile to the prosecution, under Annexure-II judgment remaining co-accused were acquitted. As is clear from Annexure-II judgment, prosecution case is that eight accused formed themselves into an unlawful assembly with the common object of committing various criminal acts including causing hurt and bodily injury to respondents 3 to 6 and armed with deadly weapons attacked them and inflicted the injuries and thereby committed offences under Sections 143,147, 148, 341, 323 and 324 read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as CRMC 3201/09 2 against the petitioner contending that when all the other co-accused were acquitted, even if petitioner is to be tried there is no chance of a conviction and when the disputes with the respondents 3 to 6 were amicably settled, it is not in the interest of justice to proceed with the case. 2. Respondents 3 to 6 appeared through a counsel and filed Crl.M.A.5506/2009, jointly with petitioner, stating that they have settled the disputes with the petitioner and they have no subsisting grievance against him and they have no objection for quashing the proceedings. 3. Learned counsel appearing for petitioner, respondents 3 to 6 and learned Public Prosecutor were heard. 4. Annexure-II judgment shows that all the remaining seven accused were acquitted, as the injured including the de facto complainant turned hostile. When there is no specific case as against the petitioner, except that he was one among the members of unlawful assembly, consequent to the order of acquittal of all the other alleged member of the unlawful assembly even if petitioner is to be tried CRMC 3201/09 3 there is no likelihood of a successful prosecution. More over, joint petition filed by respondents 3 to 6 establish that there was a settlement of disputes with the petitioner. Hence even if petitioner is to be tried, they are not intending to give evidence against the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution, as it will serve no fruitful purpose except wasting of valuable time of the court. Petition is allowed. C.C.397/2003 now pending as L.P.173/2004 on the file of Judicial First Class Magistrate, Ottapalam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.