IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 Crl.MC.No. 4842 of 2010() ------------------------------------- LPC.86/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, HOSDRUG .................... PETITIONER/ACCUSED ---------------------------------- ASHRAF K., AGED 34 YEARS, S/O.BAVA HAJI, KUTHIRUMAL HOUSE, TIRUTHI BAZAR, P.O.TIRUTHI, CHERVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/STATE & CW 1 (ie.DEFACTO COMPLAINT) ------------------------------------------------------------------------------------- 1. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASOKAN P.S., AGED 45 YEARS, S/O.GOVINDAN, SEENA MANZIL, CHERVATHUR, NEAR CHERVATHUR RAILWAY STATION, CHERVATHUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R2 BY ADV. SRI.VETTATH EAPEN MATHAI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4842 OF 2010 --------------------------------------------- Dated 10th December, 2010 O R D E R Petitioner was the second accused in C.P.31/2002 on the file of Judicial First Class Magistrate's Court-I, Hosdurg. As he was absconding, the case against the other three accused was committed to the Sessions Court. It was taken on file as S.C.256/2002. By Annexure-AIV judgment, those accused were acquitted. Case against the petitioner is now pending as L.P.86/2003 before the committal court. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate, contending that in view of the order of acquittal against the co-accused Crmc 4842/10 2 and also due to the settlement, evidenced by Annexure-AV consent letter, it is not in the interest of justice to continue the prosecution. 2. Second respondent is the de facto complainant. He appeared through a counsel and filed an affidavit submitting that all the disputes with the petitioner were settled amicably and he has no objection for quashing the case. A joint petition was also filed along with the petitioner to compound the offence. 3. Prosecution case is that on 2/6/2001 at about 11.30 a.m petitioners along with the other three accused and some others who are not identified, formed themselves into an unlawful assembly with the common object of setting fire to the building belonging to the wife of the second respondent and in furtherance of their common object, set fire to Crmc 4842/10 3 the textile shop and caused loss of Rs.Nine Lakh and thereby committed the offences under Sections 143, 147 and 436 read with Section 149 of Indian Penal Code. Annexure-AIV judgment shows that when three of the four accused were tried by the learned Additional Sessions Judge, only four witnesses were examined, including the de facto complainant second respondent and reporting that the matter has been settled, they did not adduce any evidence against the accused and therefore, examination of the other witnesses was dispensed with. Those accused were acquitted. Affidavit filed by the de facto complainant establishes that even if, second respondent or the other witnesses are to be examined, there is no likelihood of a successful prosecution, as it would only result in unnecessary waste of valuable time of the Crmc 4842/10 4 Court. Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.86/2003 on the file of Judicial First Class Magistrate's Court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.