IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Crl.MC.No. 3805 of 2009 ---------------------------------- [L.P.NO.18/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM] .................... PETITIONER/ACCUSED 6 AND 8: ---------------------------------------------- 1. HARIS, S/O. MOHAMME N.C.HOUSE, THUNERI AMSOM, MUDAVANTHERI DESOM. 2. SHAMEER.P.T., S/O. PAKARAN KUTTY, PARATHEENDI (H), THUNERI AMSOM, MUDAVANTHERY DESOM. BY ADV. MR.ZUBAIR PULIKKOOL. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. P.K.ISMAIL, S/O. KUNHAMMED HAJI, MARANTAVIDE THUNERI AMSOM, MUDAVANTHERY DESOM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.SAJEEVAN KURUKKUTTIYULLATHIL, R2 BY PUBLIC PROSECUTOR MR. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3805 of 2009 -------------------------- ORDER Petitioners were accused 6 and 8 in C.C.No. 410/2005 on the file of Judicial First Class Magistrate's Court, Nadapuram. Prosecution case is that on 24.1.2005 at about 9.30 p.m., nine accused persons formed themselves into an unlawful assembly with the common object of causing damages to the house of second respondent and in furtherance of their common object, trespassed into Building No. TP.I/378(A), where second respondent and his family were residing and caused damages to the house of second respondent by throwing stones and thereby, they committed offences under Sections 143, 147, 148, 447, 427 and 506(ii) read with Section 149 of Indian Penal Code. As accused 1, 3, 4, 5, 7 and 9 appeared and the other accused were absconding, the case as against the absconding accused was split up and refiled as C.C.No.581/2006 and the remaining CRMC 3805/09 2 accused were tried by the Magistrate. Though second respondent, who was not available in India at that time, was not examined, his wife and eye witnesses were examined, who denied the incident. By Annexure-II judgment, learned Magistrate acquitted those accused. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners contending that entire disputes between petitioners and second respondent were settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-IV affidavit stating that entire disputes were settled and second respondent has already received the compensation for the damages caused and he has no subsisting grievance against the petitioners and has no objection for quashing the case. CRMC 3805/09 3 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Though, normally, based on the judgment acquitting some of the accused, an absconding accused is not entitled to get the case as against him quashed, when it is absolutely clear that no purpose will be achieved by directing the accused to undergo the ordeal of a trial and it would result only in unnecessary waste of valuable time of the court, it is not in the interest of justice to continue the prosecution. That exactly is the case herein. 4. Prosecution case is that members of the unlawful assembly had thrown stones at the house of the second respondent and caused damages to the tune of Rs.500/-. When the other accused were earlier tried, the eye witnesses had already deposed before the court that they did not witness the incident. Wife of the second respondent also CRMC 3805/09 4 turned hostile to the prosecution. It is in such circumstances, those accused were acquitted. Affidavit filed by the second respondent establishes that even if he is to be examined in this case, he is not to give any evidence as against the petitioners. Hence, a trial will serve no purpose, except wasting the valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.581/2006, now pending as L.P.No.18/2009, on the file of Judicial First Class Magistrate's Court, Nadapuram as against the petitioners is quashed. 25th November, 2009 (M.Sasidharan Nambiar, Judge) tkv