IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Crl.MC.No. 1584 of 2009() ------------------------- CC.5/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED: ----------------------------------------- THOMAS,AGED 40 YEARS, S/O.JOSEPH, PUTHENPURACKAL CHERAMANKULANGARA WARD, ALAPPUZHA. BY ADVS. MR.B.PRAMOD, MR.GEORGE MATHEWS. RESPONDENT(S): COMPLAINANT & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUBHASH,AGED 40 YEARS, S/O.SANKARAN, KALARICKAL MULLACKAL WARD ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR. GIKKU JACOB R2 BY ADV. MR.GEORGE MATHEWS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1584 OF 2009 =========================== Dated this the 29th day of June,2009 ORDER Petitioner is the fourth accused in C.C.5/2009 on the file of Judicial First Class Magistrate Court-I, Alappuzha. As accused 1, 2 and 4 were absconding, case as against them was split up and refiled and the third accused was tried for the offence under section 324 and 326 read with section 34 of Indian Penal Code. Third accused was acquitted. Subsequently accused 1 and 2 were tried in C.C.68/2006 and C.C.241/2006 and as per common judgment dated 23.5.2007 they were also acquitted. The case as against the petitioner is now pending as C.C.5/2009 on the file of Judicial First Class Magistrate Court,II, Alappuzha. This petition is filed under section 482 of Code of Criminal Procedure to quash the case contending that the co-accused were already acquitted and there was a settlement of dispute with second respondent the injured de facto complainant and in such circumstance, there is no necessity to continue the proceedings. 2. Annexure II affidavit of the second respondent Crl.M..C.1584/2009 2 was also filed to the effect that when the other accused were tried including second respondent and all the witnesses turned hostile and he has no objection for quashing the proceedings in view of the settlement and the reason that the petitioner is now resumed friendship with the second respondent. 3. Learned counsel appearing for the petitioner and second respondent and learned Public Prosecutor were heard. 4. Learned counsel appearing for second respondent submitted that Annexure 2 affidavit was filed by the second respondent reiterating the settlement and expressing willingness to quash the proceedings as he has no further grievance against the petitioner. Learned Public Prosecutor submitted that statement of the second respondent was also recorded and he reported settlement. 5. When the other three co-accused are already acquitted after trial and affidavit filed by second respondent, the injured, establish that there was a settlement of dispute with the petitioner, no purpose will be served by directing petitioner to undergo the trial . Consequent to the settlement, chance of a successful prosecution is almost nil. In such circumstance, even if petitioner is to be directed to undergo the ordeal of a trial, it would only result in unnecessary waste of Crl.M..C.1584/2009 3 valuable time of the court. In such circumstance, interest of justice warrants quashing of the proceedings. Crl.M.C is allowed. C.C.5/2009 on the file Judicial First Class Magistrate Court-I, Alappuzha is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006