IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2427 of 2009 -------------------------------- CC.91/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY (CRIME NO.448/2006 OF VADAKKANCHERRY POLICE STATION) .......................................... PETITIONER(S): 6TH ACCUSED: -------------------------------------------- YAZAR, S/O.ABOOBACKER, THARAYIL HOUSE, KOORKKANCHERRY DESOM, VILLAGE. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S): DEFACTO-COMPLAINANT & STATE: ----------------------------------------------------------------------------- 1. SUBILAL, S/O.SUBRAMONIAN, CHEERATH HOUSE, ENGAKADU VILLAGE, DESOM, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.REVIKRISHNAN FOR R1 PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R2. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2427 of 2009 -------------------------- ORDER Petitioner was the sixth accused in C.C.No. 91/2007 on the file of Judicial First Class Magistrate's Court, Wadakkancherry, now pending as C.C.No.308/2009. Case as against the petitioner was split up when accused 1 to 5 were acquitted under Annexure-B judgment dated 13.5.2009 in C.C.No. 91/2007. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case against the petitioner contending that in view of the settlement arrived at with respondents 1, 3 and 4, there is no necessity to continue the proceedings, especially when the co-accused were acquitted under Annexure-B judgment. Respondents 1, 3 and 4 appeared through a counsel and each of them filed separate affidavits. 2.Learned counsel appearing for the petitioner, respondents 1, 3 and 4 and learned Public CRMC 2427/09 2 Prosecutor were heard. 3. Annexure-B judgment shows that all the remaining co-accused were acquitted after trial. Affidavits filed by respondents 1, 3 and 4 establish that their disputes with the petitioner were amicably settled. In such circumstances, even if petitioner is to be tried, there is no chance of a successful prosecution. It would result only in waste of the valuable time of the court. Petition is allowed. C.C.No.308/2009 on the file of Judicial First Class Magistrate's Court, Wadakkancherry as against the petitioner is quashed. 14th August, 2009 (M.Sasidharan Nambiar, Judge) tkv