IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Crl.MC.No. 1674 of 2009() ------------------------- LPC.28/1999 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPUARAM IN LPC.1/2006 of ADDL.SESSIONS COURT (FAST TRACK COURT NO.1), MANJEERI. .................... (CRIME NO.53/1995 OF THE VAZHAKKAD POLICE STATION) ------ PETITIONER(S): ACCUSED: ------------------------------------------ 1. MUHAMMED RAYIN, S/O. KUTTIYAMMU, CHEEKKODE, OMANOOR, MALAPPURAM DISTRICT. 2. ABDURAHIMAN, S/O.MUHAMMED, KAVUNGAKANDI, CHEEKKODE, OMANOOR, MALAPPURAM DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. MADATHIKUNDAN MUHAMMED, S/O. KUNHAMMEDKUTTY HAJI, AGED 63 YEARS, MANGATTUPARAMBIL, CHEEKODE, MALAPPURAM DIST. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB R2 BY ADV.MR.K.RAKESH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1674 OF 2009 =========================== Dated this the 2nd day of July,2009 ORDER Petitioners are accused 1 and 3 in C.P.12/1997 of Judicial First Class Magistrate Court, Malappuram. As first petitioner/first accused was absconding the case as against him was split up and refiled and later included in the L.P register and is now pending as L.P.28/1999 before Judicial First Class Magistrate Court, Malappuram. The case as against accused 2 to 4 were committed to Sessions Court. When the case was made over to Additional Sessions Court, (Fast Track Court-I,) Manjeri second petitioner/third accused absconded. Therefore case as against him was split up and accused 2 and 4 were tried. Under Annexure A judgment dated 18.8.2003, learned Additional Sessions Judge on the evidence found accused 2 and 4 not guilty and acquitted them under section 235 of Code of Criminal Procedure. The case as against second petitioner was included as L.P.1/2006 and is now pending before Additional Sessions Court. This petition is filed jointly by the two accused in the Crl.M.C.1674/2009 2 L.P cases to quash them contending that the disputes with the second respondent injured was subsequently settled and second respondent has no grievance against the petitioners and therefore the case is to be quashed. They also contended that after recording the evidence learned Additional Sessions Judge already acquitted accused 2 and 4 and in the light of the settlement also, there is no chance of a conviction, even if petitioners are to be tried and therefore there is no necessity to continue the case. 2. Annexure B affidavit of the second respondent show that there was a complete settlement of disputes between the second respondent and petitioners and he has no objection for quashing the proceedings. Second respondent is represented by a counsel and the learned counsel submitted that second respondent has no objection for quashing the proceedings in view of the settlement arrived at between the parties. 3. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 4. When it was pointed out to the learned counsel appearing for the petitioners that in view of the decision of the Apex Court in Manoj Sharma v. State (2008(4) KLT 417), when the offences include an offence under section 307 IPC also, for the reason there was a settlement of Crl.M.C.1674/2009 3 disputes between the parties, this court cannot quash the case invoking the inherent powers under section 482 of Code of Criminal Procedure, learned counsel appearing for the petitioners pointed out that from the nature of the injuries and the medical evidence as is clear from Annexure A judgment learned Additional Sessions Judge has already found that an offence under section 307 of Indian Penal Code is not attracted. Relying on paragraph 8 of Annexure A judgment it was submitted that though the medical certificate shows that there was suspected fracture on both arms, evidence of the doctor establish that second respondent sustained only simple injuries and an offence under section 307 is not attracted and for that reason, the prayer to quash the proceedings based on the settlement is not to be rejected. 5. Learned counsel also pointed out that even if petitioners are to be tried in the light of the evidence tendered by the prosecution witnesses in S.C.12/1998 and the settlement of the disputes with the injured second respondent, possibility of a successful prosecution is very bleak and therefore even if the ordeal of trial is undertaken, it would only result in unnecessary waste of valuable time of the court. 6. There is force in the submission of the learned Crl.M.C.1674/2009 4 counsel. Annexure A judgment shows that though an offence under section 307 of Indian Penal Code is also alleged against the accused, the medical evidence do not support any grievous hurt much less any attempt of culpable homicide. In such circumstance the case cannot be treated as one involving an offence under section 307 of Indian Penal Code, though there is an allegation that an offence under section 307 of Indian Penal Code is also committed. If that be the case, when the injured second respondent settled the dispute with the petitioners and the co-accused and when the co-accused on the evidence already stand acquitted , even if petitioners are directed to undergo ordeal of a trial, no fruitful purpose would be gained except waste of valuable time of the court. In such circumstance, in the interest of justice, the case as against the petitioners are to be quashed. Petition is allowed. L.P.28/1999 on the file of Judicial First Class Magistrate , Malappuram as against the first accused /first petitioner and L.P. 1/2006 on the file of Additional Sessions Court, Manjeri as against the second petitioner / third accused are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.1674/2009 5 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006