IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Crl.MC.No. 3421 of 2009 --------------------------------------- CC.185/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER/IST ACCUSED: PRAMOD, AGED 25 YEARS, S/O.MOHANAN, RESIDING AT EDAKUNNIL VEEDU, KURUMANDAL, PARAVUR, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS/COMPLAINANT: 1. NIKIL, S/O.ASHOKAN, SHEELA BHAVAN, HOUSE NO.152, SREE NAGER, PATTATHANAM NAGER, VADAKKEVILA, KOLLAM. 2. ANOOP, S/O.ANIRUDHAN,THUNDUVILA VEEDU, NEAR ANASWARA CLUB, WARD NO.3, KOIPPATTU MEENADU, KOLLAM. 3. MANOJ, S/O.RAVEENDRAN, MUTTAKKAVUVILA VEEDU, DAYABJI JUNCTION, KOONAYIL CHERRY, PARAVUR VILLAGE, KOLLAM. 4. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.B.CHANDRA LAL FOR R1-3 PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3421 of 2009 -------------------------- ORDER Petitioner was the first accused in C.C.No. 148/2005 on the file of Chief Judicial Magistrate's Court, Kollam. As petitioner and accused 3 and 5 were absconding, the case as against them was split up and refiled as C.C.No.185/2008. After recording the evidence, remaining accused were acquitted under Annexure-A2 judgment. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner stating that entire disputes with respondents 1 to 3, the injured and the defacto complainant were amicably settled. 2. Respondents 1 to 3 appeared through a counsel and filed Crl.M.Appl.No.5855/2009 along with the petitioner seeking permission to compound the offences and to quash the proceedings pending before the Chief Judicial Magistrate's Court as CRMC 3421/09 2 C.C.No.185/2008. 3.Learned counsel appearing for the petitioner, respondents 1 to 3 and learned Public Prosecutor were heard. 4. Prosecution case is that on 12.1.2005 at about 12.15 p.m., the seven accused formed themselves into an unlawful assembly with the common object of committing rioting and causing hurt to respondents 1 to 3 and in furtherance of their common object, attacked respondents 1 to 3 from a place in front of the office room of S.N. College, Kollam and voluntarily caused hurt with dangerous weapons and thereby committed offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code. According to the prosecution, petitioners are workers of ABVP and respondents 1 to 3 are workers of SFI and due to their inter rivalry, the incident occurred. 3. Annexure-A2 judgment establishes that when the remaining co-accused were tried, PWs 1 and 2 CRMC 3421/09 3 turned hostile to the prosecution and deposed that though they were attacked, they could not identify the persons, who committed the acts and accused are not the persons who inflicted the injuries. On that evidence, the co-accused were acquitted. The joint petition filed by respondents 1 to 3 along with the petitioners establishes that if they are to be examined again in the case against the petitioner, they will not support the prosecution case. It would only be a futile exercise and would result only in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution as against the petitioner. Petition is allowed. C.C.No.185/2008 on the file of Chief Judicial Magistrate's Court, Kollam is quashed. 23rd October, 2009 (M.Sasidharan Nambiar, Judge) tkv