IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4487 of 2010 ---------------------------------- [LPC.NO.170/2006 OF CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD , CRIME NO.333/2005 OF KASARAGOD POLICE STATION, KASARAGOD] .................... PETITIONER/ACCUSED NO.3: ------------------------------------------ JAMAL C.A., AGED 31 YEARS, S/O.ABDULLA, R.D.NAGAR, CHOORI, KASARGOD. BY ADV. SRI.S.JIJI. RESPONDENTS/DEFACTO COMPLAINANTS & STATE: ----------------------------------------------------------------------------- 1. MOHAMMED SHARIEF, AGED 25 YEARS, S/O.ABDULLA, R.D.NAGAR, CHOORI, KASARGOD. 2. ASHRAF C.A., AGED 29 YEARS, S/O.ABDULLA, R.D.NAGAR, CHOORI, KASARGOD. 3. THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. SMT. LISHA.M.G, R3 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4487 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R Petitioner was originally third accused in C.C.No.801 of 2006 taken cognizance for the offences under Sections 143, 147, 148, 323 and 324 r/w 149 of Indian Penal Code by Chief Judicial Magistrate Court, Kasaragod. As accused were absconding, the case was removed to the register of long pending cases as L.P.No.170 of 2006. When presence of fourth accused was procured, he was tried in C.C.No.812 of 2006 and was acquitted. When presence of the fifth accused was also procured, he was tried in C.C.No. 851 of 2007 and was acquitted. When presence of accused one and two were procured they were tried in C.C.No.875 of 2008 and by Annexure-3 judgment they were also acquitted, after re-filing the case against the third accused. Petition is filed under Section 482 of Code of Criminal Procedure to quash proceedings against him contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent is the injured and third respondent is his brother who is one of the eye witness. Respondents one and two Crl.M.C No.4487 OF 2010 2 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioner. Petitioner along with respondents one and two filed a joint petition stating that they have compromised all the disputes and hence the offences are compounded. 2. Learned counsel appearing for the petitioner, respondents one and two and learned Public Prosecutor were heard. 3. Annexure-3 judgment establishes that after trial fourth and fifth accused were acquitted. The affidavits filed by the first respondent, the injured and second respondent-the eye witness establish that consequent to the settlement, even if petitioner is to be tried there is no likelihood of a successful prosecution. In such circumstances, it is not in the interest of justice to continue the prosecution. 4. Petition is allowed. L.P 170 of 2006 (C.C.No. 801 of 2001) on the file of Judicial First Class Magistrate Court against the petitioner, the third accused is quashed. M.SASIDHARAN NAMBIAR, JUDGE mns