IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 696 of 2010(D) ------------------------------------ [LP.NO.11/2008 OF ADDL. SESSIONS COURT, VATAKARA] .................... PETITIONER: ------------------- ANEESH,S/O.KELAPPAN, EDATHIL POYIL,ERAMALA, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. MR.SUNNY MATHEW. RESPONDENTS: ------------------------ 1. RAVEENDRAN, S/O.KUNHIRAMA KURUP, ERAMALA, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, EDACHERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR. K.H. SAKIR, R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.696 OF 2010 --------------------------------------------- Dated 8th April 2010 O R D E R Petitioner was the fourth accused in S.C.169/2005 on the file of Additional Sessions court, Vadakara. As he was absconding, the case against the remaining accused, except fifth accused, was tried by the learned Additional Sessions Judge in S.C.169/2005 after re-filing the case against the petitioner and sixth accused by Annexure A1 judgment dated 30/6/2008 all those accused, who were tried, were acquitted. Prosecution case is that on 11/10/2004 at about 12 p.m ten accused persons formed themselves into an unlawful assembly with the common object of causing hurt to the first respondent and armed with Crmc 696/10 2 deadly weapons like billhook and iron rod committed rioting and inflicted injuries on the first respondent, after committing house trespass and destroying the house hold articles. It is alleged that if first respondent had sustained the injury intended to be inflicted, it would have caused his death so as to attract the offence under Section 308. Prosecution case is that all the accused thereby committed offences under Sections 143, 147, 148, 324, 452, 427, 308 and 506(i) read with Section 149 of Indian Penal Code. By Annexure A1 judgment learned Sessions Judge after recording evidence, acquitted eight of the alleged members of the unlawful assembly. As a result only the case against the petitioner and the sixth accused now remains. Petition is filed under Section 482 of Code of Crmc 696/10 3 Criminal Procedure to quash the case pending against him as L.P.11/2008 before Additional Sessions court, Vadakara contending that consequent to the order of acquittal of the co-accused and settlement arrived at with the first respondent, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint statement with the petitioner stating that entire disputes were settled amicably and consequent to the settlement, he has no surviving grievance against the petitioner and therefore, he has no objection for quashing the proceedings. 3. As learned Public Prosecutor submitted of first respondent that statement recorded subsequently discloses that there was no settlement, first respondent was directed to Crmc 696/10 4 be present in court. First respondent appeared and submitted that he has settled all the disputes with the petitioners and he has signed in the joint statement out of his free will and volition and he has no objection for quashing the proceedings. 4. Consequent to the order of acquittal of accused 1 to 3, 5 and 7 to 10 out of the alleged members of unlawful assembly, in the absence of any specific overt act against the petitioner, even if petitioner is to be tried he can only be acquitted. It is more so, when the joint statement filed by first respondent establishes that he has settled all the disputes with the petitioner. Annexure-A1 judgment shows that even when the other accused were tried, prosecution witnesses including the first respondent did not support the Crmc 696/10 5 prosecution case. In such circumstances, trial of the petitioner would only be futile exercise and would result only in unnecessary waste of valuable time of the court. In such circumstances, in the interest of justice the proceedings as against the petitioner is to be quashed. Petition is allowed. L.P.11/2008 on the file of Additional Sessions court, Vadakara is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.