IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 3892 of 2010() ------------------------------------ LPC.12/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR CRIME NO. 148/1991 OF KANNUR CITY POLICE STATION .................... PETITIONER(S): ACCUSED -------------------------------------- K.VALSAN @ VALSARAJ, S/O. RAGHAVAN, 'SAVITHRINIVAS',M.P.WARD, P.O.THAYYIL,KANNUR. BY SRI. P. VIJAYA BHANU (SENIOR ADVOCATE) BY ADVS. SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABDUL RAFEEQUE, S/O. ERAMULLAN, RESIDING AT ARAFA, KANNUR CITY, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD R2 BY ADV. SMT.M.M.DEEPA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3892 of 2010 -------------------------- ORDER Petitioner was the 9th accused in C.C.No.758/1993 on the file of Judicial First Class Magistrate's Court- II, Kannur. As petitioner was absconding, the reaming nine accused were tried, after splitting up the case against the petitioner. Those accused were convicted. The case against the petitioner is now pending as L.P. No.12/2002. The remaining nine accused filed criminal appeal. It was also dismissed. Crl.R.P.No.198/2003 was filed challenging the concurrent conviction and sentence. As per order dated 30.11.2010, the revision was disposed accepting the settlement and compounding the offences under Section 320(8) of Code of Criminal Procedure. This petition is filed by the absconding accused to quash the proceedings contending that as entire disputes with the second respondent were settled amicably, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes CRMC 3892/10 2 were settled amicably and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Crl.R.P.No.198/2003 was allowed granting permission to compound the offences under Section 320 (8) of Code of Criminal Procedure. Petitioner is the only remaining accused out of the ten accused charged for the offences under Sections 143, 147, 148, 427 and 506(ii) read with Section 149 of Indian Penal Code. Affidavit filed by the second respondent establishes that matter has been settled with the petitioner also. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.No.12/2002 on the file of Judicial First Class Magistrate's Court-II, Kannur is quashed. 20th December, 2010 (M.Sasidharan Nambiar, Judge) tkv