IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Crl.MC.No. 3215 of 2009 --------------------------------------- CC.330/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER: SHIBU, S/O.JOSEPH, IX/860, PANDIKUDY DESOM, THOPPUMPADY VILLAGE. BY ADV. SRI.V.N.SUNIL KUMAR RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOLLY, S/O.JOSSEY, IX/167, ARAKKAL VEEDU, KIZHAKKE ODATHA BHAGOM, VELI DESOM, FORTKOCHI VILLAGE. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 BY ADV. SRI.A.P.SHERI FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3215 of 2009 -------------------------- ORDER Petitioner was the 12th accused in C.C.No. 1000/2004 on the file of Judicial First Class Magistrate's Court-I, Kochi. As petitioner and eighth accused were absconding, the case as against them was split up and refiled as C.C.No.330/2007. Under Annexure-II judgment all the other accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the acquittal of the co- accused and settlement with the second respondent, the defacto complainant, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-IV affidavit stating that in view of the settlement, she has no subsisting grievance against the petitioner and therefore, she has no objection for quashing the proceedings. 3. Annexure-II judgment shows that out of the twelve accused, after splitting up the case as against CRMC 3215/09 2 accused 8 and 12, the other accused were tried and acquitted. Offences alleged against the accused are under Sections 143, 147, 148, 447, 427 and 506(ii) read with Section 149 of Indian Penal Code. 4. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 5. As is clear from Annexure-II judgment, out of the twelve accused, ten were acquitted after recoding the evidence. The settlement with the second respondent establishes that even if petitioner is to be tried, there is no likelihood of a successful conviction. On the other hand, it would result only in unnecessary waste of valuable time of the court. In such circumstances, it is not in the interest of justice to continue the proceedings. Petition is allowed. C.C.No.330/2007 on the file of Judicial First Class Magistrate's Court-I, Kochi as against the petitioner is quashed. 7th October, 2009 (M.Sasidharan Nambiar, Judge) tkv