IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4030 of 2010()
1. MR.C.H.ARAFATH, AGED 22 YEARS
... Petitioner
Vs
1. S.SANAL, AGED ABOUT 21 YEARS
... Respondent
2. K.SUMESH , AGED 20 YEARS
3. STATE OF KERALA
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4030 OF 2010
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Dated 25th November, 2010
O R D E R
Petitioner was third accused in
C.C.420/2007 on the file of Judicial First
Class Magistrate’s Court-I, Hosdurg. As
he was absconding, case against him was
re-filed as C.C.230/2009 and remaining four
accused were tried by the learned
Magistrate. By Annexure-A2 judgment those
accused were acquitted. Petition is filed
under Section 482 of Code of Criminal
Procedure to quash C.C.230/2009 pending
against him, contending that in view of the
order of acquittal of the co-accused and
settlement of the dispute with respondents
1 and 2, it is not in the interest of
justice to continue the prosecution.
Crmc 4030/10
2
2. Learned counsel appearing for the
petitioner, respondents 1 and 2 and learned
Public Prosecutor were heard.
3. Annexure-A1 final report and
Annexure-A2 judgment in C.C.420/2007 show that
prosecution case is that the five accused
formed themselves into an unlawful assembly on
17/2/2007 with the common object of attacking
respondents 1 and 2 and in furtherance of the
common object, at about 6.30 p.m, attacked
respondents 1 and 2 after wrongfully
restraining them and voluntarily caused hurt to
them and thereby committed the offences under
Sections 143,147, 341 and 323 read with section
149 of Indian Penal Code. Annexure-A2 judgment
also show that when the remaining accused were
tried by the learned Magistrate, none of the
prosecution witness supported the prosecution
Crmc 4030/10
3
case, evidently because of the settlement with
the accused. Joint petition filed by
respondents 1 and 2 along with petitioners
establishes that they have settled the dispute
with the petitioners also and consequent to the
settlement, there is no likelihood of a
successful prosecution, even if, petitioner is
to be tried. In such circumstances, as held by
the Apex Court in Madan Mohan Abbot v. State
of Punjab (2008 (3) KLT 19 (SC), it is not in
the interest of justice to continue the
prosecution.
Petition is allowed. C.C.230/2009 on the
file of Judicial First Class Magistrate’s
court-I, Hosdurg is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.