IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 1226 of 2010() ------------------------------------- CC.40/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ALUVA IN CC.404/2007 SPLIT UP FROM C.C.740/2004. CRIME NO.207/2004 OF ANGAMALI POLIE STATION. .................... PETITIONER/ACCUSED IN SPLIT UP CASE C.C.40/09 & 1ST ACCUSED IN CRIME NO.207/2004. ------------------------------------------------------------------------------- DEEPAK, AGED 24 YEARS, S/O.DAS NAIR, SHINY NIVAS, EDAPPAL VILLAGE, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): ------------------------- 1. S.I. OF POLICE, ANGAMALI POLICE STATION, ANGAMALI. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL. R3 IMPLEADED ADDL. R3: BINDU INDRAPAL, AGED 38 YEARS, D/O.M.R. RAMACHANDRAN, AMBATVEETIL HOUSE, ANGAMALY, ALUVA, ERNAKULAM. *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 08/09/2010 IN CRL.MA.NO.2325/2010. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. ADDL. R3 BY ADV. SRI.M.R.DHANIL . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1226 OF 2010 =========================== Dated this the 8th day of September,2010 ORDER Petitioner was the first accused in C.C.740/2004 on the file of Judicial First Class Magistrate's Court-II, Aluva. As petitioner and second accused absconded, the third accused was tried and acquitted. Case against petitioner and second accused was refiled as C.C.404/2007. As petitioner absconded, second accused was tried and by Annexure G judgment he was acquitted. The case as against the petitioner was split up and refiled as C.C.40/2009. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioner contending that in view of the order of acquittal as against the co-accused, no purpose will be served by directing the Crl.M.C.1226/2010 2 petitioner to undergo the ordeal of a trial and as there is no likelihood of a conviction, case is to be quashed. Subsequently after third respondent was impleaded, an affidavit is filed by the third respondent stating that she has settled all the disputes with the petitioner and she has already given evidence in C.C.740/2004 and 404/2007 that she is unaware of the persons who snatched away her gold chain and in view of the settlement she has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the third respondent also submitted that in view of the settlement, there is no necessity to prosecute the petitioner further. 4. When the petitioner and the second accused absconded, learned Magistrate examined third respondent and other prosecution witnesses and as per judgment in C.C.740/2004 that accused was Crl.M.C.1226/2010 3 acquitted. Subsequently by Annexure G judgment, when the second accused appeared he was also acquitted. The case against the petitioner alone is now pending. The affidavit of the third respondent establish that there was a settlement of disputes with the petitioner. The fact that the other two accused were already acquitted based on the evidence of the third respondent and other witnesses that the culprits were not identified would establish that even if petitioner is to be tried, there is no likelihood of a successful prosecution. In view of the evidence already tendered against the other accused and the settlement arrived at with the petitioner, it is not in the interest of justice, to continue the prosecution. Petition is allowed. C.C.40/2009 on the file of Judicial First Class Magistrate's Court-II, Aluva is quashed. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.1226/2010 4 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006