IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 3756 of 2010() ------------------------ SC.381/2008 of ADDL.SESSIONS COURT (ADHOC-I), KASARAGOD CRIME NO. 379/97 OF HOSDURG POLICE STATION .................. PETITIONERS / 5TH AND 14 TH ACCUSED: ----------------------------------------------------------- 1. V.VENU, S/O.RAGHAVAN, AGED 38 YEARS, PODAVADUKKAM HOUSE, BELUR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. 2. M.GANGADHARAN, S/O.KARTHIYANI, AGED 38 YEARS, MUNDOTH HOUSE, PUDAVADUKAM, BELUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS. SRI.T.MADHU SMT.SHAMSEERA. C. ASHRAF RESPONDENTS / STATE & COMPLAINANT : ------------------------------------------------------------ 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM – 682 031. 2. NARAYANAN, THATTUMMEL HOUSE, BELUR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT- 671543. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R2 BY ADV. SMT.SHAMSEERA. C. ASHRAF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3756 OF 2010 =========================== Dated this the 6th day of October,2010 ORDER Petitioners are accused 5 and 14 in S.C.241/2004 on the file of Additional Sessions Court, Kasaragod. As they were absconding, the remaining eleven accused were tried by the learned Sessions Judge. By Annexure A2 judgment those eleven accused were acquitted after recording evidence. Case against petitioners were split up and refiled as S.C.381/2008. This petition is filed under section 482 of Code of Criminal Procedure to quash the case pending against them contending that entire disputes with the second respondent the de facto complainant, were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Crl.M.C.3756/2010 2 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the accused and consequent to the settlement eleven accused were acquitted on 30.9.2006 and he has no grievance against the petitioners and therefore he has no objection for quashing the proceedings against them. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Prosecution case, as is clear from Annexure A1 final report and Annexure A2 judgment in S.C.241/2004, is that 13 accused formed themselves into an unlawful assembly with the common object of causing damage to the shop of the second respondent and on 13.5.1997 at about 2.30 a.m in furtherance of the common object,they pelted stones to the tiled roof of the shop building of the second respondent and also caused damage to the wall by exploding country bombs and thereby caused damage to a tune of Rs.3000/-. The offences alleged are Crl.M.C.3756/2010 3 purely personal in nature as against the second respondent. Annexure A2 judgment shows that when the remaining eleven accused were tried and the second respondent was examined as PW1 and an eye witness was examined as PW2, none supported the prosecution case and consequently no further evidence was adduced and learned Sessions Judge acquitted those accused. The affidavit filed by the second respondent establishes that he has already settled the dispute with petitioners and consequently even if he is to be examined again, there is no likelihood of any evidence against the petitioners. In such circumstances, it would result in waste of valuable time of the court. Hence it is not in the interest of justice to continue the prosecution. Petition is allowed. S.C.381/2008 on the file of Additional Sessions Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.3756/2010 4 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006