IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Crl.MC.No. 61 of 2010() ---------------------------------- L.P.NO.16/08 IN CC NO.63/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT V (SPECIAL COURT FOR MARK LIST CASES), THIRUVANANTHAPURAM. .......... PETITIONER(S): (A2) ------------------------------- SANTHOSH, AGED 22 YEARS, S/O.PRABHAKARAN, RESIDING AT T.C.16/699, KULAM NIKATHIYA VEEDU, JAGATHY WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LIJU MON @ MANIKUTTAN, (CW1), S/O.MANIYAN, T.C.16/10, KULAM NIKATHIYA VEEDU, JAGATHY WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 3. PREMAN (CW2), S/O.APPU, T.C.16/786, PRASANNA BHAVAN, NEAR JAGATHY BRIDGE, JAGATHY WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 4. SHIBU @ RAMU, (CW3), S/O.SOMAN, T.C.16/10, KULAM NIKATHIYA VEEDU, JAGATHY WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. 5. DEEPU, (CW4), S/O.SUKUMARAN, CHOORAKKAMOOLA PANAYIL VEETIL, T.C.16/94, JAGATHY BUND ROAD, JAGATHY WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 TO R5 BY ADV. MR.SHAJIN S.HAMEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.61 OF 2010 ------------------------------------------ Dated 8th January 2010 O R D E R Petitioner was the second accused in C.C.437/2002 on the file of Judicial First Class Magistrate-V, Thiruvananthapuram. Prosecution case is that on 12/3/2007 at 7.15 p.m all the accused formed themselves into an unlawful assembly with the common object of causing hurt to respondents 2 to 5 and armed with dangerous weapons, attacked them and caused hurt and thereby committed offences under Sections 143, 147, 148, 324 and 452 read with Section 149 of Indian Penal Code and Section 27 of Arms Act. As the petitioner and seventh accused were Crmc 61/10 2 absconding case as against them were re-filed as C.C.63/2007 and others were tried. By Annexure-B judgment accused 1,3 to 6 and 8 were acquitted. As presence of accused 2 and 7 could not be procured, case against them was subsequently transferred to the file of long pending register and is now pending as L.P.16/2008. Petition is filed under Section 482 of Code of Criminal Procedure to quash the case, as against the petitioner contending that entire disputes with respondents 2 to 5 were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 to 5 appeared through a counsel and filed separate affidavits stating that entire disputes with the petitioner were settled amicably and consequent to the Crmc 61/10 3 settlement, they have no subsisting grievance against the petitioner and hence they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, respondents 2 to 5 and learned Public Prosecutor were heard. 4. Annexure-B judgment shows that out of the seven accused, except petitioner and second accused all other accused were already acquitted after recording the evidence. It also establishes that offences alleged against the accused are purely personal in nature as against respondents 2 to 5, the injured in the case. Affidavits filed by respondents 2 to 5 establish that there has been complete settlement of the disputes with the petitioner. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) it is Crmc 61/10 4 clear that consequent to the settlement, even if petitioner is to be directed to undergo the ordeal of a trail, no fruitful purpose will be served and it would only result in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.16/2008 on the file of Judicial First Class Magistrate-V, Thiruvananthapuram as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.