IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Crl.MC.No. 713 of 2009() ------------------------ ( SC.125/2006 of SESSIONS COURT,KOZHIKODE IN CRIME No.12/2002 OF KUTTIADY POLICE STATION) .................... PETITIONER(S): --------------- MANOJ THAYYULLATHIL, AGED 37 YEARS, S/O.SANKARAN, CHERIKANDI VEEDU, CHERAPURAM AMSOM DESOM, VELOM PANCHAYATH, KOZHIKODE. BY MR.A.RANJITH NARAYANAN,ADVOCATE RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY S.I. KUTTIADY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. ASOKAN, AGED 39 YEARS, S/O.KUNKAN, PULIYOTTU THAZHEKUNI VEEDU, CHERAPURAM AMSOM DESOM, VELOM VILLAGE, KOZHIKODE. BY MR.V.V.UNNIKRISHNAN,ADVOCATE FOR R2 PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- CRL.M.C.NO.713 OF 2009 (F) ----------------------------------- Dated this the 12th day of March, 2009 O R D E R This petition is filed to quash all proceedings in S.C.No.125/2006 pending before the Sessions Court, Kozhikode in Crime No.12/2002 of Kuttiady Police Station. The present petitioner is the 3rd accused and he is alleged to have committed the offence under Sections 341, 323 and 324 read with Section 34 of the Indian Penal Code and also under the provisions of Section 3(x) of the SC/ST (PA) Act. Accused nos.1 and 2 were tried in S.C.No.288/2003 and it has ended in acquittal. The present petitioner is an absconding accused. Annexure A1 is the judgment relating to S.C.No.288/2003. I am conscious of the fact that a judgment in a connected case, where the co-accused are acquitted, is not to be looked into for the purpose of quashing the complaint filed under Section 482 of the Cr.P.C in the light of the decision in Moosa v. Sub Inspector of Police (2006 (1) CRL.M.C.713/09 2 KLT 552 (FB)). A further step in this case is that the matter has been compounded between the defacto complainant and the petitioner. Both of them are working in abroad. No useful purpose will be served by ordering a trial of this case for the reason that everything is settled that one does not want to prosecute the other. While quashing all proceedings under Section 482 of the Cr.P.C., High Court is also competent to look into the factor that what will be the ultimate result in the case when the case is ordered to be tried. Now the matter is compounded and settled between the parties and they do not want to blame each other. In the light of the various decisions of the Apex Court and in the light of the fact that no serious offences are involved, I am inclined to invoke the powers under Section 482 and quash the proceedings under Section 482. Therefore, this Criminal M.C. is allowed and all further proceedings in S.C.No.125/2006 on the file of Sessions Court, Kozhikode are quashed. M.N.KRISHNAN JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008