IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Crl.MC.No. 3852 of 2003 (B) ------------------------------------------- PETITIONER: ACCUSED: --------------------------------------- 1. MRS.MARY MATHEW, NEAR TELLICHERRY COURTS, TELLICHERRY, KANNUR DISTRICT. 2. SUNNY CHERIAN, NEAR TELLICHERRY COURTS, TELLICHERY, KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT: ------------------------ STATE, REPRESENTED BY S.H.O., TELLICHERRY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJETH ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/03/2008 , THE COURT ON 25/03/2008 PASSED THE FOLLOWING: Crl.MC.No. 3852 of 2003 (B) Crl.M.A.12529 OF 2003 in Crl.M.C.3852 OF 2003 Dismissed SD/- 25-3-2008 A.K.BASHEER, JUDGE A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.3852 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March 2008 ORDER Petitioners and five others were charge sheeted by Thalassery Police in Crime No.487/2000 for offences punishable under Sections 143, 147, 341, 506(1), 365, 364 A, 395 read with Sections 120B and 109 IPC. Petitioners were arraigned as accused Nos.6 and 7 in the above crime. In fact, Annexure-IV final report submitted by the Police reveals that petitioners herein had allegedly committed the offence under Sections 120B and 109 IPC in as much as they had hatched the conspiracy and abetted the other accused to commit the offences indicated above. 2. The prosecution case in brief was that accused 1 to 5 along with five other identifiable accused had abducted CW2 who was travelling in a Fiat car bearing Regn. No. KL 13A/8370 with CW1, at about 5.15 p.m. on August 14, 2000 on Peringathur- Thalassery road. It was alleged that accused Nos.1 to 5 and others had committed the above crime in furtherance of a Crl.M.C.3852 OF 2003 :: 2 :: criminal conspiracy masterminded by the petitioners with a view to recover a sum of Rs.12,00,000/- from CW2 which was allegedly payable by him in a loan transaction. 3. I do not deem it necessary to deal with the prosecution case in detail at this stage, since it has been brought to my notice that accused 1 to 5 who faced trial in S.C.170/03 before the Sessions Court, Tellichery have been acquitted by judgment dated December 15, 2007. It is true that petitioners had allegedly masterminded the above crime and committed the offences punishable under Sections 120B and 109 IPC. But having perused the materials available on record, and also keeping in view that the co-accused who were allegedly the prime perpetrators of the crime have been acquitted by the Sessions Court, I am satisfied that no useful purpose will be served if petitioners are asked to stand trial. It is also brought to my notice that the main dispute between the petitioners and CW2 which had culminated in a prosecution under Section 138 of the N.I.Act, had also been settled by the parties in the meanwhile. Learned counsel submits that the entire matter had Crl.M.C.3852 OF 2003 :: 3 :: been settled between the parties. In that view of the matter also, I do not find any reason to allow the above proceedings to continue. Therefore, the proceedings pending against the petitioners in S.C.170/03 before the Sessions Court, Thalassery are quashed. Criminal M.C. is allowed. (A.K.BASHEER, JUDGE) jes Crl.M.C.3852 OF 2003 :: 4 :: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.3852 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ORDER Dated 25th March 2008