IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Crl.MC.No. 4769 of 2010() ----------------------------------- L.P.28/2010 & C.C.35/2010 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER/5TH ACCUSED --------------------------------------- MANJUNATH, S/O. RAMAN, AGED 26 YEARS, PUTHUKUDIKUNNUMPURATH HOUSE, KADAMBOOR AMSOM AND DESOM. BY ADV. SRI.SHAIJAN C.GEORGE, SMT.S.REKHA KUMARI. RESPONDENTS/COMPLAINANT --------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. P.K. RIJESH, S/O. LAKSHMANAN, AGED 26 YEARS, PARAKKETTIL HOUSE, KADAMBOOR AMSOM AND DESOM. 3. P.V. SUJIN, AGED 21 YEARS, S/O.SUDARSANAN PATTAYATHIL HOUSE, KADAMBOOR AMSOM & DESOM 4. P.V. SUHIN, AGED 18 YEARS, S/O.SUDARSANAN, PATTAYATHIL HOUSE, KADAMBOOR AMSOM & DESOM. 5. PRADEEPAN K., AGED 25 YEARS, S/O. UTHAMAN, KUNDETHIL HOUSE, KADAMBOOR AMSOM & DESOM. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 TO R5 BY ADV. SRI.C.P.PEETHAMBARAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4769 OF 2010 =========================== Dated this the 15th day of December,2010 ORDER Petitioner was fifth accused in C.C.361/2009 on the file of Additional Chief Judicial Magistrate, Thalassery taken cognizance for the offences under sections 143, 147, 148, 323 and 324 read with section 149 of Indian Penal Code. As petitioner was absconding, case against him was split up and refiled as C.C.35/2010. The other eight accused were acquitted after trial by Annexure C judgment. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the order of acquittal as against the remaining accused and the settlement arrived at with respondents 2 to 5 the injured, it is not in the interest of justice to continue the Crl.M.C.4769/2010 2 prosecution. 2. Respondents 2 to 5 appeared through a counsel and filed a joint petition with the petitioner stating that respondents 2 to 5 the injured have settled the disputes with the petitioner and consequent to the settlement, they have no grievance against the petitioner and therefore permission may be granted to compound the offences. 3. Learned counsel appearing for the petitioner, respondents 2 to 5 and learned Public Prosecutor were heard. 4. Prosecution case is that on 6.4.2009 at about 9 a.m. nine accused including the petitioner formed in an unlawful assembly with the common object of causing hurt to respondents 2 to 5 and in furtherance of the common object, wrongfully restrained the second respondent and inflicted injuries on him as well as respondents 3 to 5 and thereby committed the offences. Annexure C judgment shows that though respondents 2 to 5 were Crl.M.C.4769/2010 3 examined, none of them supported the prosecution case and finding that the case has been settled, examination of remaining witnesses were given up. The joint petition filed by respondents 2 to 5 with the petitioner establishes that they have settled the disputes with the petitioner and even if they are to be examined, there is no chance for any evidence against the petitioner. In such circumstances, even if petitioner is to undergo the ordeal of a trial, 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. L.P.28/2010 on the file of Additional Chief Judicial Magistrate Court, Thalassery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006