IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2537 of 2009(B) ------------------------------------ CC.213/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM ................................................ PETITIONER(S): 5TH ACCUSED -------------------------------------------- NIZAR, S/O.SHAHUL HAMMEED, T.C.NO.49/679, SUMI NIVAS, MANACAUD, PO, THIRUVANANTHAPURAM, REP.BY HIS POWER OF ATTORNEY HOLDER, A.SOFIA, W/O.NIZAR, AGED 41 YEARS, T.C.49/955, TAHIRA MANZIL, KUTHUKALLUMOODU, MANACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.B.SATHIQ RESPONDENT(S): COMPLAINANT & STATE. -------------------------------------------------------------- 1. S.I.OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. 2. HAJA MAHEEN, S/O.SHAHUL HAMEED, T.C.49/539. KALLIPANKULAM WARD, KUTHIKALLUMOODU, MANACAUD PO, THIRUVANANTHAPURAM. 3. ABDUL JALEEL, T.C.49/532, KALIPANKULAM WARD, KUTHUKALLUMOODU, MANACAUD PO, THIURUVANANTHAPURAM. 4. SHAJI, S/O.MOHAMMED KUNU T.C.38/1762, CHENTHITTA WARD, THIRUVANANTHAPURAM. 5. SHEIK MOHAMMED, S/O.MALIK MOHAMMED, T.C.38/1262, CHENTHITTA WARD, CHALAI, THIRUVANANTHAPURAM 6. SADIQ, S/O.PEERUKANNU, T.C,38/1765, CHENTHITTA WARD, CHALAI, THIRUVANANTHAPURAM 7. STATE OF KERALA, REP.BY PUBLIC PROSECUT0R, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 & R7 ADV.SRI.MAHESH ANANDAKUTTAN FOR R2 TO R6 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2537 OF 2009 ------------------------------------------ Dated 19th August 2009 O R D E R Petitioner was fifth accused in C.C.267/1998 on the file of Judicial First Class Magistrate-V, Thiruvananthapuram. Prosecution case was that five accused formed themselves into an unlawful assembly with the common object of inflicting injuries on respondents 2 to 6 and in furtherance of their common object, on 10/6/1996 at 10 p.m armed with deadly weapons attacked respondents 2 to 6 and caused hurt and also committed theft by taking away the money which was with second respondent and thereby committed offences under Sections 143, 147, 148, 323, 324 and 379 read with Sections 149 of Indian Penal Code. As petitioner was absconding, case as against him was re-filed as C.C.213/2001 and accused 1 to 4 were tried by the learned Magistrate. Under Annexure-1 judgment all the other accused were found not guilty and were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the CRMC 2537/09 2 case pending against the petitioner, contending that in view of the order of acquittal as against the co-accused and also in view of the settlement of all the disputes with respondents 2 to 6, in the interest of justice, the case is to be quashed. 2. Respondents 2 to 6 appeared through a counsel and each of them filed separate affidavits stating that the disputes with the petitioner were settled amicably and in such circumstances, they have no objection for compounding the offence. 3. Learned counsel appearing for petitioner, respondents 2 to 6 and learned Public Prosecutor were heard. 4. Annexure-1 judgment shows that even though evidence was let in as against accused 1 to 4 in C.C.267/1998, learned Magistrate finding that the witnesses did not support the prosecution acquitted all of them and in such circumstances, even if petitioner is to be tried chance of a successful prosecution is very bleak, especially when Annexures-4 to 8 affidavits of respondents 2 to 6 establish that they have already settled the disputes with the petitioner. In such circumstances, even if petitioner CRMC 2537/09 3 is to be tried, there is no chance of a successful prosecution. Hence in the interest of justice the case is to be quashed. The petition is allowed. C.C.213/2001 on the file of Judicial First Class Magistrate-V, Thiruvananthapuram as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.