IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Crl.MC.No. 2905 of 2009() ------------------------- CC.248/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-i, PARAPPANANGADI (LPC 119/08) .................... PETITIONER(S): 7TH ACCUSED -------------------------- T.K.MUHAMMED, S/O.KUNHIMOIDEEN, THONDIKKODAN, KOZHISSERIMATTIL HOUSE, THENHIPALAM AMSOM AND DESOM. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THENHIPALAM AS THENHIPALAM, P.S.CRIME NO.131/05. * 3.THONDIKKADAN ABDUL SALAM, S/O.MODI, AGED 31, RESIDING AT MUNDAKKALATHIL HOUSE, NEEROLPALAM, THENHIPALAM AMSOM AND DESOM, THIRURANGADI TALUK, MALAPPURAM DISTRICT. * 4. MUHAMMED BASHEER, S/O.MOIDEENKUTTY AGED 42, RESIDING AT CHARUVALAPPIL HOUSE, NEEROLPALAM, THENHIPALAM AMSOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. * 5. PONNACHAN ABDUL RAHEEM, S/O.KHADAR, AGED 23, RESIDING AT PANICHIYIL HOUSE NEEROLPALAM, THENHIPALAM AMSOM TIRURANGADI TALUK, MALAPPURAM DISTRICT R1 & R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI.B.PREMNATH (E) FOR ADDL.R3 TO 5 * R3 TO R5 IMPLEADED AS ADDL.RESPONDENT AS PER ORDER DATED 30/10/09 IN CRL.M.A.5795/09 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2905 OF 2009 ------------------------------------------ Dated 30th October 2009 O R D E R Petitioner was seventh accused in C.C.248/2006 on the file of Judicial First Class Magistrate-I, Parappanangadi. Petitioner was absconding, so also accused No.11. Learned Magistrate therefore split up the case as against them and re-filed it as C.C.152/2008 and tried the remaining accused. By Annexure-A1 judgment those accused were found not guilty and were acquitted. The case against petitioner was subsequently transferred to the register of long pending cases as L.P.119/2008. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that in view of the order of acquittal as against the co-accused and also due to the settlement of the dispute with Cws.1 to 3, who are impleaded as respondents 3 to 5, it is not in the interest of justice to continue the prosecution. 2. Respondents 3 to 5 appeared through a Crmc 2905/09 2 counsel and filed Crl.M.A.5797/2009 jointly with the petitioner seeking permission to compound offences stating that the entire disputes were settled amicably. 3. Learned counsel appearing for the petitioner, respondents 3 to 5 and learned Public Prosecutor were heard. 4. Prosecution case was that on 29/4/2005 at about 8 p.m, 14 accused persons formed themselves into an unlawful assembly and armed with dangerous weapons in furtherance of common object to inflict injuries on respondents 3 to 5 attacked them and inflicted injuries and thereby committed offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code. Annexure-I judgment shows that when the injured were examined in the earlier trial, they did not support the prosecution case consequent to the settlement. Joint statement filed by respondents 3 to 5 with the petitioner would establish that consequent to the settlement, if respondents 3 to 5 are to be examined again in the case as against petitioner, they are not going to support the prosecution case. In such circumstances, even if petitioner is directed to undergo the ordeal Crmc 2905/09 3 of a trial, it would only result in unnecessary waste of valuable time of the court. When the case as against the petitioner is only that he was one among the members of the unlawful assembly without any specific allegation of overt acts by him and twelve of the fourteen alleged members of unlawful assembly already stand acquitted, there is no likelihood of a successful prosecution. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.C.119/2008 on the file of Judicial First Class Magistrate-I, Parappanangadi as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.