IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 3030 of 2009 ---------------------------------- [CC.NO.61/2006 OF CHIEF JUDICIAL MAGISTRATE, KASARAGOD, CRIME NO. 75/04 OF KASARAGOD POLICE STATION) .................... PETITIONERS/ACCUSED: ------------------------------------ 1. A.RAJESH, AGED 29, S/O BALAKRISHNA, KONTHAN PARA, CHOWKI, PANAYAL GRAMAM, KASARAGOD DISTRICT. 2. A.PRAMOD, AGED 31, S/O BALAKRISHNA, KONTHAN PARA, CHOWKI, PANAYAL GRAMAM, KASARAGOD DISTRICT. BY ADV. SMT.R.PADMAKUMARI. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.PRAVEEN KUMAR, AGED 30, S/O.KUNHIRAMAN, PALATHINGAL HOUSE, POINACHI, THEKKIL GRAMAM, THEKKIL P.O., KASARAGOD. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADV. SMT.P.K.PRIYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3030 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioners are accused in L.P.30/2005 on the file of Chief Judicial Magistrate, Kasargod. They were originally accused 1 and 2 in C.C.61/2006. As they were absconding, case as against the petitioners were split up and re-filed and the other accused were tried by the learned Magistrate. Annexure-A3 judgment shows that after trial, as the prosecution witnesses turned hostile consequent to the settlement, those accused were acquitted. Prosecution case is that due to the political enmity with second respondent, six accused formed themselves into an unlawful assembly and armed with dangerous weapons committed riot and also wrongfully restrained second respondent and caused hurt to him and thereby committed offences under Sections 143, 147, 148, 341, 323, 324 read with Section 149 of Indian Penal Code. 2. Second respondent filed an affidavit stating that other accused were acquitted and dispute with petitioners were amicably settled and in such CRMC 3030/09 2 circumstances, he has no intention to prosecute the petitioners and therefore, there is no objection for quashing the proceedings. 2. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 3. Annexure-A2 judgment establish that co-accused after recording the evidence, were acquitted by the learned Magistrate finding that consequent to the settlement prosecution witnesses did not support the prosecution case. Affidavit of second respondent establish that in view of the settlement, he is not interested in prosecuting the petitioners. In such circumstances, even if petitioners are to be tried, there is no likelihood of a conviction. It would only result in unnecessary waste of valuable time of the court. In such circumstances, in the interest of justice, case is to be quashed. Petition is allowed. L.P.30/2005 (C.C.61/2006) on the file of Chief Judicial Magistrate, Kasargod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.