IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Crl.MC.No. 2046 of 2009(A) ------------------------------------ CC.532/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR (CRIME NO.109/99 OF ALATHUR POLICE STATION) .................... PETITIONER(S): ACCUSED -------------------------------------- IBRAHIM,S/O.KOYAN RAVUTHER,AGED 44 YRS, KUNNATHPARAMBU HOUSE,KAYARADI,CHITTUR TALUK. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): ----------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,NENMARA POLICE STATION,PALAKKAD DISTRICT. 3. THANKACHAN,S/O.VAVA,AGED 43 YEARS, RESIDING AT KAYARADI,CHITTOOR TALUK,PALAKKAD DIST. 4. SANTHI,D/O.VAVA,AGED 34 YEARS, DO. DO. PUBLIC PROSECUTOR SRI.B.VINOD FOR R1 & R2. ADV. SRI.RAJU SEBASTIAN VADAKKEKKARA FOR R3 & R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2046 OF 2009 =========================== Dated this the 28th day of July,2009 ORDER Petitioner was the first accused in C.C.473/2005 on the file of Judicial First Class Magistrate, Alathur. The prosecution case is that five accused formed themselves into an unlawful assembly and with the common object of causing hurt to third respondent, the de facto complainant entered into Chaithram bus where third respondent was travelling and forcibly dragged him outside and beat him and uttered obscene words and fourth respondent his sister was also assaulted and thereby the accused committed offences under section 143,147,341,294(b), 323 read with section 149 of Indian Penal Code. As petitioner was absconding, accused 2 to 5 were tried by the learned Magistrate. After refiling the case as against the petitioner as C.C.532/2007, on the evidence, under Annexure II judgment the other accused were found not guilty and acquitted. The case was thereafter removed to the long pending register. This petition is filed under section 482 of Code of Criminal Procedure to Crl.M.C.2046/2009 2 quash the proceedings contending that in view of the order of acquittal as against the co-accused and the settlement arrived at, the case is to be quashed. Respondents 3 and 4 are represented by the counsel. 2. Along with respondents 3 and 4, petitioner filed Crl.M.A.3548/2009 for permission to compound the offence contending that subsequently the entire disputes with the petitioner was settled amicably and they are not intending to proceed with the case and therefore it is to be compounded. As an offence under section 294(b)of Indian Penal code cannot be compounded under section 320 of Code of Criminal Procedure, permission cannot be granted to compound the offence. 3. The argument of the learned counsel appearing for the petitioner and respondents 3 and 4 and the joint petition filed under section 320 of Code of Criminal Procedure, establish that the disputes between the petitioner and respondents 3 and 4 were amicably settled. Apart from the settlement, Annexure II judgment shows that they had turned hostile when examined in C.C.473/2005 and the other witnesses were not examined. In such circumstance, even if petitioner is to be tried, there is no possibility of a successful prosecution. In such circumstance, it is not in the interest of justice to Crl.M.C.2046/2009 3 proceed with the case. Petition is allowed. C.C.532/2007 on the file of Judicial First Class Magistrate, Alathur as against the petitioner is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006