IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Crl.MC.No. 1916 of 2009() ----------------------------------- AGAINST THE ORDER IN L.P.C.135/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYNNUR IN C.C. NO.673/2003. PETITIONER/ACCUSED NO.9 ----------------------------------------- RAJU. K.K., AGED 34 YEARS, S/O.E.V.KUNHIRAMAN, RESIDING AT CHITHRALAYAM, MAMBALAM, PAYYANNUR, KANNUR. BY ADV. MR.M.V.AMARESAN RESPONDENT/COMPLAINANT ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. * ADDL. R2 TO R9 IMPLEADED ADDL. R2: PRASANTHAN, S/O.NARAYANAN, THAZATHUVALAPPIL, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. ADDL. R3: SHAJI, S/O.GOVINDAN, NALUPURAPPATTIL HOUSE, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. ADDL. R4: SATHEESAN, S/O.P.DAMODARAN, MOZHANCHERI HOUSE, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. ADDL. R5: PRADEEPAN, S/O.T.GOVINDAN, MADAKKATH, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. ADDL. R6: LATHEESH, S/O.E.V. GOVINDAN, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. ADDL. R7: PRASANTH, S/O.RAGHAVAN, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. Crl.MC.No. 1916 of 2009 ADDL. R8: GIREESHAN, S/O.DAMODARAN, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. ADDL. R9: PRASOON, S/O.NARAYANAN, PAYYANNUR, KANNUR DISTRICT, PIN-670 307. * ADDL. R2 TO R9 IMPLEADED AS PER ORDER DATED 30/06/2009 IN CRL. MA.NO.3398/2009 IN CRL MC. NO.1916/2009. R1 BY PUBLIC PROECUTOR MR.B. VINOD. ADDL. R2 TO R7 AND R9 BY ADV. MR.G.SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1916 OF 2009 ------------------------------------------ Dated 7th August 2009 O R D E R Petitioner was accused No.9 in C.C.367/2000 on the file of Judicial First Class Magistrate, Payyannur. As petitioner was absconding along with first accused, the case as against them was split up and re-filed as C.C.673/2003 and remaining 8 accused were tried by the learned Magistrate. Under Annexure- IV judgment all of them were found not guilty and were acquitted. As the presence of the petitioner could not be procured even thereafter, case against him was re-filed as L.P.135/2004. This petition is filed to quash the case as against him contending that in view of the acquittal of co-accused as well as settlement of the dispute with defacto complainant and other injured, as there is no chance for a conviction, the case is to be quashed. Though defacto complainant and other injured were originally not impleaded, they were later impleaded as respondents 2 to 9. Respondents 2 to 9 appeared through a counsel and filed a joint CRMC 1916/09 2 petition along with petitioner stating that they have amicably settled the disputes and respondents 2 to 9 have no grievance against petitioner and therefore there is no objection for quashing the proceedings. 2. Learned counsel appearing for petitioner, respondents 2 to 9 and learned Public Prosecutor were heard. 3. Annexure-IV judgment in C.C.367/2000 where eight of the ten accused were acquitted establish that though Pws.1 to 9 were examined none of them identified the accused. Prosecution case is that on 17/2/2000 at about 9.30 a.m, ten accused formed themselves into an unlawful assembly with the common object of inflicting injuries, wrongfully restrained respondents 2 to 9 and inflicted injury on second respondent and thereby committed offences under Sections 143, 147, 341, 324 read with Section 149 of Indian Penal Code. Joint statement of respondents 2 to 9, with petitioners establish that there was amicable settlement of the dispute. Therefore even if petitioner is to be tried, there is no likelihood of conviction. In such circumstances, it is not in the interest of justice to proceed with the case against CRMC 1916/09 3 the petitioner when the co-accused were already acquitted after recording the evidence. Petition is allowed. L.P.135/2004 on the file of Judicial First Class Magistrate,Payyannur as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.