IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Crl.MC.No. 776 of 2010(F) ------------------------------------ (L.P. NO. 36/1997 IN C.C. NO. 694/1995 OF JUDICIAL MAGISTRATE OF 1ST CLASS-I, PATHANAMTHITTA) .................... PETITIONER/ACCUSED: ---------------------------------- HARIKUMAR, S/O.THANKAPPAN NAIR, PLANTHOTTATHIL PADINJARETHIL, POTHIPPAD, MALAYALAPPUZHA VILLAGE, PATHANAMTHITA DISTRICT. BY ADVS. MR.M.T.SURESHKUMAR, MR.V.V.RAJA. RESPONDENTS/INJRED WITENESS AND STATE: ---------------------------------------------------------------------- 1. BHAVANI, AGED 70 YEARS, D/O.NANGELI, KILETHUMURUPPEL HOUSE, ANUSHARIKKAL, ERAMMURIYIL, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.M.REVIKRISHNAN, R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.776 OF 2010 ------------------------------------------ Dated 29th March 2010 O R D E R Petitioner was eighth accused in C.C.277/1992 on the file of Judicial First Class Magistrate-I, Pathanamthitta. Prosecution case was that nine accused who are members of BMS, was on inimical terms with deceased Rajappan a member of INTUC and they formed themselves into an unlawful assembly with the common object of causing hurt to Rajappan and his wife and in furtherance of the common object, on 23/6/1992 at 6.15 p.m, armed with deadly weapon like sticks, trespassed into the house of Rajappan and caused hurt to him as well as to his wife deceased Kamalamma and mother-in-law, the first respondent and thereby committed offences under Sections 143, 147, 148, 452 and Crmc 776/10 2 324 read with Section 149 of Indian Penal Code. As petitioner was absconding case as against him was split up and re-filed as C.C.694/1995. It is now pending as L.P.36/1997. Other eight accused were tried by the learned Magistrate. By Annexure-A3 judgment dated 14/11/1995, those eight accused were acquitted finding that Rajappan and Kamalamma who were examined as Pws.1 and 2 did not support the prosecution, consequent to the settlement with the accused. Petition is filed under Section 482 of Code of Criminal Procedure to quash the case against the petitioner contending that in view of the settlement with the first respondent, as the other two injured are no more, evidenced by Annexures-A4 and 5 death certificates and when all the remaining co-accused were acquitted, even if petitioner is to be tried, there is no likelihood of a successful prosecution. Crmc 776/10 3 2. First respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled amicably and her daughter and her husband, who are the other injured are no more and in such circumstances, case is to be quashed. 3. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 4. Annexure-A3 judgment shows that when eight of the nine accused were tried by the learned Magistrate, de facto complainant and the other injured turned hostile to the prosecution and hence those accused were acquitted. Annexure-A2 final report shows that, petitioner is being prosecuted on the basis that he was also one among the members of unlawful assembly. When all the remaining member of the alleged unlawful assembly were Crmc 776/10 4 acquitted and that too consequent to the hostility shown by the injured and the de facto complainant and when the de facto complainant and his wife, the other injured are no more and first respondent is the only remaining witness who filed affidavit stating that matter has been settled with the petitioner, it is clear that even if, petitioner is to be tried, there is no likelihood of a successful prosecution. Such trial would only result in unnecessary waste of valuable time of the court. Hence, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.36/1997 on the file of Judicial First Class Magistrate-I, Pathanamthitta is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.