IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 Crl.MC.No. 1199 of 2010() ------------------------------------- L.P.NO.2/2009 IN S.C. NO.1935/2002 OF ASSISTANT SESSIONS COURT, KOTTARAKARA. CRIME NO.202/1998 OF KUNNICODU POLICE STATION. ....................... PETITIONER/ACCUSED NO.2 ------------------------------------------ ABHILASH, S/O.ANANDHAN, AJESH BHAVAN, THEKKUMUKAL, KUNNICODU, VILAKKUDY VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/STATE & COMPLAINANT ------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KUNNICODU POLICE STATION, KOLLAM DISTRICT. 3. THULASEEDHARAN PILLAI, S/O.GOPALA PILLAI THUDUPPALLY VEEDU, THEKKUMUKAL, AVANEESWARAM MURI, KUNNICODU, VILAKKUDY VILLAGE, KOLLAM DISTRICT. 4. HARIKUMAR, S/O.RAGHAVAN PILLAI, HARI NIVAS, THEKKUMUKAL, AVANEESWARAM MURI, KUNNICODU, VILAKKUDY VILLAGE, KOLLAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R3 & R4 BY ADV. SRI.ABHILASH.J. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1199 OF 2010 --------------------------------------------- Dated 30th August, 2010 O R D E R Petitioner was the second accused in S.C.1935/2002 on the file of Assistant Sessions Judge, Kottarakara. Eight accused were tried for the offences under Sections 143, 147, 148, 324, 326, 427 and 307 read with Section 149 of Indian Penal Code. As the petitioner was absconding, case as against him was split up and re-filed and later transferred to the register of long pending cases as L.P.2/2009. When Pws.1 to 4, the injured and eye witnesses were examined in S.C.1935/2002, one of the eye witnesses deposed that he did not witness the incident. The injured, the other witness deposed that they did not identify Crmc 1199/10 2 any of the assailants. In the light of the said evidence, by Annexure-IV judgment, learned Assistant Sessions Judge acquitted all the remaining seven accused under Section 235 of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against him contending that the entire disputes with the injured, respondents 3 and 4 were settled amicably and in view of the settlement it is not in the interest of justice to continue the prosecution. 2. Respondents 3 and 4 along with petitioners filed Crl.M.A.1926/2010 stating that when the case was pending as S.C.1935/2002 entire disputes were settled and respondents 3 and 4 when examined as Pws.2 and 3 and they deposed accordingly and in such circumstances, Crmc 1199/10 3 the case is to be compounded. 2. Though offence under Section 307 of Indian Penal Code cannot be compounded, Annexure-IV judgment in S.C.1935/2002 establishes that even if petitioner is to be tried it will not serve any useful purpose. The injured, respondents 3 and 4 have already deposed before the court that they did not identify any of the assailants. Other eye witnesses either deposed that he did not identify the assailants or did not witness the incident. In such circumstances, even if petitioner is to be tried, there is no likelihood of a successful prosecution. It would only result in unnecessary waste of valuable time of the court including examination of a doctor whose service could otherwise be better utilised. In such Crmc 1199/10 4 circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.2/2009 in S.C.1935/2002 on the file of Assistant Sessions Judge, Kottarakara in Crime No.202/1998 of Kunnicodu police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.