IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Crl.MC.No. 505 of 2009() --------------------------------- SC.150/2003 of SESSIONS COURT, THRISSUR .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- E.K. RIJU, EDACHALI HOUSE, EDATHIRINJI P.O., IRINJALAKKUDA. BY ADV. MR.C.HARIKUMAR SMT.MADHURI ANAND RESPONDENTS/STATE/DEFACTO COMPLAINANT/VICTIM: ---------------------------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. SHAJI, 27 YEARS, S/O. AYYAPPAN, MATHIRAPPALLY, NEAR POTHANI TEMPLE EDATHIRITHI VILLAGE. 3. AMMINNI, 45 YEARS, W/O. AYYAPPAN, MATHIRAPPALLY, NEAR POTHANI TEMPLE, EDATHIRITHI VILLAGE. 4. AYYAPPAN, 58 YEARS, S/O. VALLON, MATHIRAPPALLY, NEAR POTHANI TEMPLE, EDATHIRITHI VILLAGE, 5. BAIJU, 24 YEARS, S/O. AYYAPPAN, MATHIRAPPALLY, NEAR POTHANI TEMPLE, EDATHIRITHI VILLAGE. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI R2 BY ADV. MR.ARAVINDA KUMAR BABU T.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 505 of 2009-C ================== Dated this the 12th day of June, 2009. O R D E R Petitioner, the first accused in S.C.No.150/2003, now pending trial as S.C.No.404/2006 on the file of Sessions Court, Thrissur, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings as against him. The remaining three accused were tried for the very same offence by the learned Sessions Judge in S.C.No.150/2003 after the case as against the petitioner, who was then absconding, was split up and refiled. Under Annexure A2 judgment Sessions Judge acquitted accused 2 to 4 finding that the entire prosecution story is false. The prosecution case is that due to rivalry, the four accused trespassed into the house of respondents 3 and 4 and inflicted injuries on respondents 2, 4 and 5 and deceased Crl.M.C.No.505/2009-C -2- third respondent. Case of the petitioner is that subsequently all the disputes of respondents 2 to 5 with petitioners were resolved and respondents 2 to 5 have no intention to proceed with the case as against the petitioner. Crl.M.A.No.682/2009 is filed under Section 320(5) of Code of Criminal Procedure, for permission to compound the offence contending that they have settled the disputes. As the offences are not compoundable, permission to compound the offences cannot be granted. 2. Respondents 2, 4 and 5 are represented by a Counsel and the learned Counsel submitted that in view of the settlement between the parties, they are not interested in proceeding with the case. Learned Counsel appearing for the petitioner pointed out that in the light of Annexure A2 judgment, even if petitioner is to undergo the ordeal of a trial, there is no chance of conviction, especially when respondents 2, 4 and 5 will not depose against the petitioner. In the light of the settlement as well as the Crl.M.C.No.505/2009-C -3- findings in Annexure A2 judgment, there is no chance of a successful prosecution. In such circumstances, trial of the petitioner would not serve any purpose, except waste of the valuable time of the Court, which could otherwise be used for better purpose. 3. Petition is allowed. S.C.No.404/2006 on the file of Sessions Court, Thrissur is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr