IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4795 of 2010() ------------------------------------- S.C.182/2009 OF ADDITIONAL SESSION COURT (ADHOC-II), KASARAGOD CRIME NO.256/2003 OF HOSDURG POLICE STATION. .................. PETITIONERS/ACCUSED NOS. 2 AND 3: ---------------------------------------------------------- 1. SATHEESAN P.V., S/O.BHARATHAN, MATTUMMAL HOUSE, CHITHARI VILLAGE, HOSDURG, KASARAGOD DISTRICT 2. SUNIL M.. S/O.POKLEN, MATTUMMAL CHITHARI VILLAGE, HOSDURG, KASARAGOD DISTRICT BY ADV. SRI.M.SASINDRAN, SRI.JOHNY THOMAS. RESPONDENTS/DEFACTO COMPLAINANT (CW1)/COMPLAINANT: ----------------------------------------------------------------------------------------------- 1. M. ISHAQ S/O.ABDUL RAHIMAN, AJEERA MANZIL, AJANUR, KASARAGOD DISTRICT 2. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAULAM, R1 BY ADV. SRI.SREEJITH.S.R. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4795 of 2010 -------------------------- ORDER Petitioners were accused 2 and 3 in C.C.No. 873/2003 on the file of Judicial First Class Magistrate's Court-I, Hosdrug. As first petitioner was absconding, case against him was split up and the case against the remaining six accused, including the second petitioner, was committed to the Sessions Court and taken on file as S.C.No.67/2005. While the case was being tried, second petitioner absconded. Therefore, the case against the first petitioner was split up and re-filed as S.C.No.182/2009. Subsequently, on the appearance of the first petitioner, case against him was also committed to the Sessions Court. It is now pending as S.C.No.276/2010. Remaining five accused were tried by Additional Sessions Judge in S.C.No.67/2005. By Annexure-AIII judgment, those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the order of acquittal against the co-accused and also in view of settlement CRMC 4795/10 2 of the disputes with the first respondent, the defacto complainant and the injured, it is not in the interest of justice to continue the prosecution, as there is no likelihood of a successful prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioners and he has no intention to prosecute the petitioners further and he has no objection for quashing the proceedings. 3. Annexure-AII final report with Annexure-AIII judgment in S.C.No.67/2005 would reveal that prosecution case is that the seven accused formed themselves into an unlawful assembly with the common object of causing grievous hurt to first respondent and on 27.5.2003 at about 9.15 p.m., armed with deadly weapons, they wrongfully restrained first respondent and with the knowledge that if hurt is caused to the first respondent on his head with the weapon, it is likely to cause his death, inflicted injuries on him and thereby committed offences under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. Annexure-AII final report shows that CRMC 4795/10 3 prosecution case is that it was the first accused who hit on the head of the first respondent and the remaining accused beat him with sticks on his body. Annexure-AIII judgment establishes that on the evidence, learned Additional Sessions Judge acquitted five of the seven accused, including the first accused. Affidavit filed by the first respondent establishes that even if petitioners are to be tried, there is no likelihood of a successful prosecution, as there is no possibility for any evidence against them, in view of the settlement of the disputes with the first respondent. In such circumstances, trial would result only in unnecessary waste of valuable time of the court. Hence, it is not in the interest of justice to continue the prosecution. Petition is allowed. S.C.Nos.182/2009 and 276/2010 on the file of Additional Sessions Court (Adhoc-II), Kasaragod is quashed. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv