IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 Crl.MC.No. 4754 of 2010(N) -------------------------------------- ( IN CC 572/2010 IN CC 445/2009 IN CC.137/2008 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE) (IN CRIME NO. 32/2007 OF VELLAYIL POLICE STATION) .................... PETITIONER(S): ACCUSED -------------------------------------- NOUSHAD, AGED 26 YEARS, S/O.MOHAMMED KOYA, P.K.HOUSE, KASABA AMSOM, DESOM, PUTHIYA KADAVU, VELLAYIL, KOZHIKODE DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): DE-FACTO COMPLAINANT AND STATE ---------------------------------------------------------------------------------- 1. SHIHAB, AGED 32 YEARS, S/O.UMMERKOYA, THACHANKANDIYIL HOUSE, MARATTYAKKAL, KUNNAMANGALAM AMSOM, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VELLAYIL THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.MARY BEENA JOSEPH R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4754 of 2010 -------------------------- ORDER Petitioner was the sixth accused in C.C.No. 137/2008 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode. As accused 4 and 6 were absconding, case against them was split and re- filed as C.C.No.445/2009 and the remaining six accused were tried. By Annexure-A2 judgment, those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against the petitioner contending that in view of the order of acquittal of the co-accused and settlement of the disputes with the first respondent, the defacto complainant and the injured, it is not in the interest of justice to continue the prosecution. 2. Annexure-A1 final report shows that cognizance was taken for the offences under Sections 143, 147, 148, 341, 323, 294(b) and 427 read with Section 149 of Indian Penal Code. Annexure-A2 judgment shows that only three witnesses were examined and as all of them turned hostile to the prosecution, further witnesses were not CRMC 4754/10 2 examined and out of the eight accused, six were acquitted. 3. Prosecution case is that on 26.11.2007 at about 9.30 p.m., while first respondent was driving Car bearing Reg.No.KL-57/2732 and reached along the beach road, eight accused, in furtherance of the common object, formed themselves into an unlawful assembly and committed rioting, armed with deadly weapons and wrongfully restrained the first respondent and committed mischief by destroying the glasses of the car by hitting with a stone and also caused hurt to the first respondent and abused him in filthy language and thereby committed the offences. Annexure-A2 judgment shows that entire disputes were settled amicably and the witnesses, who were examined by the prosecution, did not support the prosecution case. Though first respondent was not examined, he has now filed an affidavit through a counsel stating that entire disputes were settled amicably and he did not identify the culprits and therefore, he has no grievance against the accused and he is not intending to prosecute the case further. CRMC 4754/10 3 4. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 5. Annexure-A2 judgment establishes that out of the eight accused, six were already acquitted. From the affidavit filed by the first respondent, it is clear that even if he is to be examined and the remaining accused are to be tried, there is no likelihood of a successful prosecution and it would result only in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.445/2009, including C.C.No.572/2010 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode is quashed. 3rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv