IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 761 of 2010() ----------------------------------- CC.798/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, WADAKKANCHERY .................... PETITIONER/2ND ACCUSED: ------------------------------------------ RADHAKRISHNAN, S/O.SUKUMARAN, NAMBIYATH HOUSE, PULAKKODE VILLAGE, THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENTS/STATE & VICTIMS: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJU, S/O.KANNANAICKAL IYYAVU, ADUPUTTYKKUNNU DESOM, KUNNAMKULAM, THIRSSUR. 3. IYYAVU, S/O.KANNANAICKAL ITTOOP, ADUPUTTYKKUNNU DESOM, KUNNAMKULAM, THRISSUR. 4. CHERU, S/O.VADAKKAN PAULOSE, VENGANELLUR, CHELAKKARA, THRISSUR. R1 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. R2 TO R4 BY ADV. MR.M.REVIKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.761 of 2010 -------------------------- ORDER Petitioner was the second accused in C.C.No. 107/2007 on the file of Judicial First Class Magistrate's Court, Wadakkancherry. As petitioner was absconding, accused, 1 and 3 to 5 were tried by the learned Magistrate. As per judgment dated 28.10.2009 they were acquitted under Section 248(1) of Code of Criminal Procedure. The case against the petitioner was refiled as C.C.No.798/2009. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case against the petitioner contending that in view of the order of acquittal against the co- accused and the settlement arrived at with respondents 2 to 4, who are 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 entire disputes with the petitioner were settled amicably and consequent to the settlement, they have no objection CRMC 761/10 2 for quashing the proceedings. 3. Learned counsel appearing for the petitioner, respondents 2 to 4 and learned Public Prosecutor were heard. 4. Learned Magistrate has taken cognizance for the offences under Sections 143, 147, 148, 341, 323, 324, 325, 326 and 427 read with Section 149 of Indian Penal Code on Annexure-A final report. After trial, as the injured and the eye witnesses did not support the prosecution case, learned Magistrate acquitted accused 1 and 3 to 5. Now, only the case against the petitioner/second accused remains. Affidavits filed by respondents 2 to 4 establish that even if they are to be tried, there is no likelihood of a successful prosecution, in view of the settlement arrived at with the petitioner. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.798/2009 on the file of Judicial First Class Magistrate's Court, Wadakkancherry is quashed. 19th March, 2010 (M.Sasidharan Nambiar, Judge) tkv