IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 3954 of 2010(F) -------------------------------------- [CC.NO.362/2007 OF THE JUDL. FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM, CRIME NO.70/2007 OF POTHANICAD POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- JIS VARGHESE, AGED 38 YEARS, S/O.VARGHESE, ERANICKAL HOUSE, POTHANICAD KARA, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW. RESPONDENTS/COMPLAINANT/CW.1: ------------------------------------------------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE, POTHANICAD POLICE STATION, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUHAMMED, AGED 47 YEARS, S/O. MEERAN, PATHIKKAPARAYIL HOUSE, PAREEKANNI KARA, NERYAMANGALAM VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SRI.S.A.ANAND. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3954 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioner was fourth accused in C.C.362/2007 on the file of Judicial First Class Magistrate's Court, Kothamangalam, taken cognizance for the offences under Sections 451, 332, 294(b) and 506(i) read with Section 34 of Indian Penal Code. As he was absconding, case against him was split up and re-filed as C.C.555/2009 and the remaining three accused were tried. By Annexure-B judgment those accused were acquitted. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against him contending that in view of the order of acquittal of the co-accused and the settlement of the dispute with the second Crmc 3954/10 2 respondent, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed a statement to the effect that he has settled all the disputes with the petitioners and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. As is clear from Annexure-A final report and Annexure-B judgment in C.C.362/2007, it is the prosecution case that on 28/4/2007 at about 9.30 p.m, along with three accused petitioner trespassed into Kerala State Electricity Board Section Office, at Pothanicadu and first accused beat second respondent after uttering obscene words and Crmc 3954/10 3 second accused pushed him down and petitioner and third accused caused hurt to the second respondent and thereby committed the offecnes. By Annexure-B judgment, remaining three accused were already acquitted. Affidavit filed by the second respondent establishes that he has settled all the disputes with the petitioner and 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. Petition is allowed. C.C.555/2009 on the file of Judicial First Class Magistrate's Court, Kothamangalam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.