IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 948 of 2005() --------------------- CRIME NO. 320 OF 1999 OF PAYYANNUR POLICE STATION .................. PETITIONER: (3RD ACCUSED) ------------------------------------------- JAFFER, S/O.ABDULLA, RAMANTHLI, PAYYANURE. BY ADVS. SRI.T.M.ABDUL LATIFF SMT.P.RESHMA KABEER SRI.A.MUHAMMED HASHIM RESPONDENTS: (STATE & COMPLAINANT) -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PAYYANNUR. R1 & R2 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 948 of 2005() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE AI : COPY OF THE JUDGMENT DATED 29-9-2003 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR IN C.C. NO. 95 OF 2000. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 948 of 2005 - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the 3rd accused in Crime No. 320 of 1999 of Payyannur Police Station for offences punishable under Sections 143, 147, 148, 324 and 326 r/w Section 149 IPC and now pending before the Judicial First Class Magistrate, Payyannur as C.C. No. 736 of 2003. The co-accused persons were tried and acquitted by the learned Judicial First Class Magistrate, Payyannur by judgment dated 29.09.2003 in C.C. No. 95 of 2000. While acquitting the accused persons, the learned Magistrate made certain findings which reads as follows: “All the above points can be considered together conveniently. The prosecution case is that on 11.09.'99 at 13.30 hours at a place called Palakode in Ramanthali amsom, the accused in prosecution of their common object to offend and hurt CWs 1 to 4 due to political animosity, formed themselves into an unlawful assembly, committed rioting armed with dangerous weapons like stones and rocks, voluntarily caused grievous hurt to CW2 and hurt to CW1, 3 and 4 by pelting stones and rocks, thereby committed the above mentioned offences. But when the evidence is recorded, it is seen that the matter has been settled between the parties and therefore, PWs 1 to 5 failed to support the prosecution case. PWs 1 t 4 are the injured in this case. According to PW1, on 11.01.'99 at 1.30 p.m. near Palakode Govt. U.P. School, a gang of assailants attacked him and the persons who were along with him. He underwent treatment at Payyannur Mukunda Hospital. While undergoing treatment there, he gave F.I. Statement to the police, The said F.I. Statement is marked as Ext.P1. According to him, he could not identify the assailants. He further added that the case has been settled and that he has complained against the accused. He has preferred a compromise petition. PWs 2 to 4 also supported the version regarding the incident. But failed to identify the accused. All the witnesses further added that the Crl.M.C. No.948/2005 -:2:- case has been settled and that they had preferred a compromise petition. PWs completely turned hostile to the prosecution. Remaining witnesses were given up. From the above circumstances, it is clear that there is nothing to connect the accused with the offence.” The matter has been settled between the parties. In that view of the matter, no useful purpose will be served by directing the accused to face the trial. Since the matter has been settled between the parties, the continuance of a criminal case will be an abuse of process of court. Accordingly, I direct that C.C. No. 736 of 2003 pending before the Judicial First Class Magistrate, Payyannur be treated to be closed. This Crl.M.C is allowed as above. sd/- B.P. RAY, JUDGE. rv