IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 Crl.MC.No. 3656 of 2010() ------------------------- LPC.155/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... (CRIME NO.267/1995 OF PAYYANNUR POLICE STATION) ... PETITIONER(S): 3RD ACCUSED: ------------------------------------------------- SUGUNAN,S/O.KUNHIRAMAN, MATTUMMAL HOUSE,PANAPUZHA P.O.,PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): DEFACTO COMPLAINANT/COMPLAINANT: ------------------------------------------------------------------------------------------ 1. KADAYAKKARA ALI,S/O.HASSAN, ALAKKAD, PANAPUZHA, PAYYANUUR, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3656 of 2010 -------------------------- ORDER Petitioner was the third accused in C.P.No. 118/2000 on the file of Judicial First Class Magistrate's Court, Payyannur. As accused 1, 2, 4 and 7 appeared, the case against them was committed to the Sessions Court, Payyannur and taken on file as S.C.No.109/2001 and made over to Assistant Sessions Court, Payyannur for trial. The case against the other accused was split up. By Annexure-AII judgment, accused 1, 2, 4 and 7 were acquitted of the offences under Sections 143, 147, 148, 324 and 307 read with Section 149 of Indian Penal Code. The case against the petitioner is now pending before the Magistrate as L.P.No.155/2002. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the first respondent, the injured, who is the defacto CRMC 3656/10 2 complainant, were settled amicably and consequent to the settlement, there is no likelihood of a successful prosecution and therefore, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint statement along with the petitioner stating that accused 1, 2, 4 and 7 were acquitted by the learned Assistant Sessions Judge on 22.9.2004 as no evidence was adduced against them and first respondent settled the entire disputes with the petitioner and he has no subsisting grievance against the petitioner and therefore, the case is to be quashed. 3. Learned Public Prosecutor, on instructions, submitted that statement of the first respondent recorded subsequently shows that first respondent settled all the disputes with the petitioner. 4. Learned counsel appearing for the petitioner, first respondent and learned Public CRMC 3656/10 3 Prosecutor were heard. 5. Annexure-AII judgment in S.C.No.109/2001 establishes that when first respondent was examined as PW4 before Assistant Sessions Judge, he turned hostile to the prosecution and deposed that some persons, who could not be identified, attacked him and inflicted the injuries. The eye witnesses, who were examined as PWs 5 and 6, denied to have witnessed the incident. The joint statement filed by the first respondent along with the petitioner establishes that even if first respondent is to be examined again, no evidence will be let in against the petitioner. Annexure-AII judgment shows that eye witnesses had already disclosed that they did not witness the incident. In such circumstances, when there is no likelihood of a successful prosecution, even if petitioner is to be tried, in view of the settlement of the disputes with the first respondent and as the eye witnesses have already turned hostile before the Assistant CRMC 3656/10 4 Sessions Judge, it is not in the interest of justice to continue the prosecution and it would result only in unnecessary waste of valuable time of the court. Petition is allowed. L.P.No.155/2002 on the file of Judicial First Class Magistrate's Court, Payyannur is quashed. 22nd September, 2010 (M.Sasidharan Nambiar, Judge) tkv