IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Crl.MC.No. 119 of 2010() ------------------------------------ CC.NO.1228/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR ...... (CR.NO.574/1999 OF ADOOR POLICE STATION) PETITIONER(S): ACCUSED NO.1: -------------------------------------------------- BINU, AGED 34 YEARS, S/O.ABRAHAM, THADATHIL VEEDU, CHANDANNOPUZHA MURI, ERATHU VILLAGE. BY ADVS. MR. K.SHAJ, MR.SAJJU.S. RESPONDENT(S): STATE, CW1 AND 2: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHIJI, AGED 29 YEARS, S/O.KARUNAKARAN, V.K.SADANAM, KALAYIKKU PADINJARA MURI, KADAMPANADU VILLAGE, ADOOR. 3. HAREESH, AGED 29 YEARS, S/O.UDAYABHANU, UDAYOON KUTTIYIL VEETTIL, MANNADY, KALAYIKKU PADINJARA MURI, KADAMPANADU VILLAGE, ADOOR. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM BY ADV. MR.SYAM J SAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.119 OF 2010 ------------------------------------------ Dated 13th January 2010 O R D E R Petitioner is the first accused in C.C.20/2000 on the file of Judicial First Class Magistrate, Adoor. Prosecution case is that in furtherance of their common object, six accused formed themselves into an unlawful assembly and in furtherance of common object, wrongfully restrained respondents 2 and 3 and caused hurt on them and thereby committed the offences under Sections 143, 147, 341 and 323 read with Section 149 of Indian Penal Code. As accused 1 and 2 were absconding, accused 3 to 6 were tried by the learned Magistrate and by Annexure-A2 judgment all those accused were acquitted. As respondents 2 Crmc 119/10 2 and 3, the injured and three witnesses examined on the prosecution side, turned hostile to the prosecution. Case as against accused 1 and 2 was re-filed as C.C.1228/2004. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner now pending as L.P.123/2006 contending that in view of the settlement with respondents 2 and 3, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed joint petition along with the petitioner stating that entire disputes were settled and consequent to the settlement, they have no objection for quashing the proceedings and hence the case is to be quashed. 3. Learned counsel appearing for the Crmc 119/10 3 petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Joint statement filed by the respondents 2 and 3 establishes that there has been a settlement of all disputes between the injured and respondents 2 and 3 and the accused respondents 2 and 3 have no subsisting grievance against the petitioner. Annexure-A2 judgment shows that though accused 3 to 6 were tried by the learned Magistrate, all the three prosecution witnesses examined turned hostile and did not support the prosecution case. In such circumstances, it is absolutely clear that even if, petitioner is to be tried, there is no likelihood of a successful prosecution. It would result only in unnecessary waste of valuable time of the court. In such circumstances, it is not in the Crmc 119/10 4 interest of justice to continue the prosecution. Petition is allowed. L.P.123/2006 on the Judicial First Class Magistrate, Adoor is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.