IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Crl.MC.No. 1519 of 2009() -------------------------------------- SC.NO.1376/2008 OF ADDL.SESSIONS COURT, IRINJALAKUDA ...... (CRIME NO.359/2008 OF KODUNGALLUR POLICE STATION) .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. DINIL, S/O.SOMAN, VADAKKEKKATTIL HOUSE, ANAPPUZHA PO. 2. PRAVEEN, S/O. RAVEENDRAN, ORIYANPURATH HOUSE, P.O.PULLUT. 3. ANOOP,,S/O. RADHAKRISHNAN, PONINCHATH HOUSE, P.O. AVITTATHOOR. 4. JITHIN JOSEPH, S/O.JOSEPH OLAYATTUPPURATH HOUSE, P.O.KOTTAPPURAM. 5. SAJITH, THARUPEEDIKAYIL HOUSE, P.O.KARUPADANNA. 6. KIRAN, S/O. K.RAVI, KANAKKASSERY HOUSE, P.O.PANANGAD. 7. NITHIN BABU,S/O. BABU, MUTTATH HOUSE, P.O.EDAKKULAM. 8. MANEEDH MOHAN, S/.O. MOHANAN, NEDUMPARAMBIL HOUSE, P.O.PULLUT. 9. SIBIN ANTONY, S/O. ANTONY, VALLUKKARAN HOUSE, P.O.MALA, PALLIPPURAM. BY ADV. MR.RAFEEK.V.K. Kss ...2/- ....2..... CRMC.NO.1519/2009 RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION,KODUNAGALLUR. 3. SUJESH K.S, S/O.SUBRAMANIAN, KATTEKULAM HOUSE, THUMBOOR P.O. 4. SUNIL SUBRAN, S/O.E.P. SUBRAN, ERUMATHADATHIL HOUSE, KOTTANELLUR P.O. 5. SHIMNAD .A.G, S/O.GOPINATHAN.A.A, AKKILIPARAMBIL HOUSE, KARNIKULANGARA P.O. 6. SOORAJ.K.A., S/O. APPUKUTTAN, KATTIL HOUSE, ASHTAMICHIRA P.O. 7. VIPIN.K.J., S/O.JANARDHANAN, KALADY HOUSE, ASTAMICHIRA P.O. 8. TINESH, S/O.KRISHNANKUTTY K.V. KALAYANPARAMBIL HOUSE, VELLANI P.O. 9. MOHAMMED SHABIR, S/O. C.M.BASHEER, CHOOLAKKADAVIL HOUSE, KARUPADANNA P.O. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI R3 TO R9 BY ADV. MR.SAIJO HASSAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2009 ALONG WITH CRMC NO. 1524 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------ CRL.M.C.NOs.1519 & 1524 OF 2009 ------------------------------------------------------ Dated 3rd June 2009 O R D E R Accused in S.C.No.1376/2008 on the file of Additional Assistant Sessions court, Irinjalakuda are petitioners in Crl.M.C.1519/2009. Accused in S.C.44/2009 on the file of the same court are the petitioners in Crl.M.C.1524/2009. Both petitions are filed under Section 482 of Code of Criminal Procedure to quash the respective sessions cases contending that there was settlement of all the disputes between the parties and therefore no purpose will be served by proceeding with the trial. One is the main case and the other the counter case. In S.C.1376/2008 prosecution case is that accused committed offences under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. Respondents 2 and 3 therein are the injured. In S.C.44/2009 prosecution case is that accused committed offences under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. CRL.M.C.NOs.1519 & 1524 OF 2009 2 Prosecution case is that third respondent in Crl.M.C.1524/2009 is the injured. Though offences are not compoundable, a petition for permission to compound the offences is filed in both the Crl.M.Cs. The injured as well as defacto complainant are also impleaded as respondents and they are represented by their counsel. 2. Learned counsel appearing for petitioners in both Crl.M.Cs as well as respondents and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that statement of the injured and the defacto complainant were recorded and they stated that the matter has been settled and they do not intend to proceed with the trial. Learned counsel appearing for respective petitioners submitted that in view of the settlement of the dispute between the parties, even if the cases are to be tried, witnesses will not depose in favour of the prosecution and in such circumstances, no purpose will be served by proceeding with the trial and in such circumstances, as held by the Apex court in Manoj Sharma v. State (2008 (4) KLT 417 (SC)) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC)) cases are to be quashed. CRL.M.C.NOs.1519 & 1524 OF 2009 3 4. From the submission of the learned counsel appearing for respective petitioners, Public Prosecutor as well as the joint petitions filed by the parties , evidencing settlement it is absolutely clear that even if respective accused are to be tried the prosecution witnesses will not depose in favour of the prosecution. In such circumstances, there is no possibility of conviction. If that be so, when a successful prosecution is very bleak no purpose will be served by undergoing the ordeal of trial except waste of valuable time of the court. In such circumstances, in the interest of justice both Crl.M.Cs are allowed. S.C.1376/2008 and S.C.44/2009 on the file of Additional Assistant Sessions court, Irinjalakuda are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.