IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 4324 of 2010() ------------------------- SC. 512/2007 of ASSISTANT SESSIONS COURT, THRISSUR (CRIME NO. 318/2003 OF GURUVAYUR POLICE STATION) .................... PETITIONER(S): ACCUSED: -------------------------------------- AJEESH, AGED 30 YEARS, S/O.KUMARAN, NARIYAMPULLI HOUSE, KANDANASSERY VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUKESH, AGED 37 YEARS, S/O.VASUKUTTY, TANDAYI HOUSE, KANDANASSERY VILLAGE, KANDANASSERY DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.V.V.JOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: The Lower court case number ''SC No.512/2007'' of Assistant Sessions Court, Thrissur occurring in the cause title of the final order dated 27/10/2010 in CRL.M.C..4324/2010 is corrected and substituted as ''SC No.512/2008'' of Assistant Sessions Court, Thrissur as per order dated 16/2/2012 in CRL.M.A.7433/2010 in CRL.MC.4324/2010 SD/- Assistant Registrar sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4324 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioner was the third accused in S.C.821/2005 on the file of Assistant Sessions Court, Thrissur taken cognizance for the offences under sections 143, 147, 148,323,324, and 308 read with section 149 of Indian Penal Code. As petitioner was absconding, the case against him was split up and accused 1, 4 and 5 were tried. The case as against the second respondent was not committed to the Sessions Court as he was absconding. By Annexure C judgment accused 1, 4 and 5 were acquitted. This petition is filed under section 482 of Code of Criminal Procedure to quash the case against him contending that entire disputes were settled with second respondent, the injured and consequent to the settlement and in Crl.M.C.4324/2010 2 view of the acquittal of the co-accused by Annexure C judgment, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioner and therefore he has no grievance against the petitioner and has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Prosecution case is that due to political enemity towards second respondent, five accused formed themselves into an unlawful assembly with the common object of causing hurt to the second respondent and armed with deadly weapons at about 10 p.m. on 8.9.2003, caused grievous hurt to the second respondent and if second respondent has not evaded when he was beaten on the face with an iron rod, death would have caused and thereby they Crl.M.C.4324/2010 3 committed the offences. Annexure C judgment shows that when accused 1, 4 and 5 were tried, learned Sessions Judge finding that there is no evidence against the accused as the injured and the eye witness turned hostile, acquitted them. The affidavit filed by the second respondent, the injured establish that even if he is to be examined and petitioner is to be tried, there is no likelihood of a successful prosecution. It would only result in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution against the petitioner. Petition is allowed. S.C. 512/2007 on the file of Assistant Sessions Court, Thrissur against the petitioner is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006