High Court Kerala High Court

Prajil vs The State Of Kerala Represented By on 22 November, 2010

Kerala High Court
Prajil vs The State Of Kerala Represented By on 22 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4281 of 2010()


1. PRAJIL, S/O.RAJAN, AGED 28 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. P.P.YESODHA, D/O.KUNHAMBU, AGED 55 YEARS

3. C.DEEPA, W/O.AJEENDRAN, AGED 29 YEARS,

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :SRI.J.ABHILASH

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/11/2010

 O R D E R
                   M.SASIDHARAN NAMBIAR, J.
          --------------------------------------------------------
                     Crl.M.C No.4281 OF 2010
          ---------------------------------------------------------
         Dated this the 22nd day of November, 2010.

                                O R D E R

Petitioners was the third accused in C.P.No.33 of 2006 on

the file of Judicial First Class Magistrate Court-1, Kannur. As

petitioner was absconding, case against him was split up and

remaining six accused were committed to Sessions Court. It was

taken on file as S.C.No.410 of 2007. They were tried by Principal

Assistant Sessions Court, Thalassery. By judgment dated

30.09.2010, those accused, except fifth accused O.Sabheesh,

who absconded, were acquitted. Petition is filed under Section

482 of Code of Criminal Procedure to quash the proceedings

pending before the learned Magistrate as L.P.C.No.34 of 2009

against the petitioner contending that in view of the order of

acquittal against the co-accused and settlement with respondents

2, 3 the de facto complainants, it is not in the interest of justice

to continue the prosecution.

2. Respondents two and three appeared through a counsel

and filed a compounding petition along with the petitioner stating

that entire disputes were settled amicably and consequent

settlement they may be permitted to compound the offences.

3. Learned counsel appearing for the petitioner, respondents

Crl.M.C No.4281 OF 2010 2

two and three and learned Public Prosecutor were heard.

4. Though petitioner along with respondents two and three

filed a petition to compound the offences, as all offences are not

compoundable, permission cannot be granted to compound the

offences.

5. Prosecution case as seen from Annexure-2 final report is

that on 3.10.2005 at about 9.30 p.m. the accused formed

themselves into an unlawful assembly with the common object of

trespassing into the house of the second respondent and in

furtherance of the common intention armed with deadly weapons

committed rioting and trespassed into the residential house of

respondents two and three and set fire to the household articles

and caused a loss of Rs.5.5 lakhs and also intimidated

respondents two and three and thereby committed the offences.

Case against the petitioner was split up and the case against

remaining six accused was committed. It was taken on file and

tried by Principal Assistant Sessions Judge, Thalassery. Case

against petitioner is pending as L.P.C.No.34 of 2009 on the file of

Judicial First Class Magistrate Court-1, Kannur. After recording the

evidence, learned Sessions Judge has already acquitted the

accused 1, 2, 4, 6 and 7. Case as against the petitioner accused

Crl.M.C No.4281 OF 2010 3

No.5 was split up by the Sessions Court. As a result of acquittal of

five accused, now the case against only the two absconding

accused remains. It is clear from the compounding petition that

respondents two and three has already settled the disputes with

the petitioner. Hence it is clear that even if petitioner is to be

tried, there is no likelihood of a successful prosecution. In such

circumstances as held by the Apex Court in Madan Mohan

Abbot v. State of Punjab (2008 (3) KLT 19 SC), when the

disputes are settled amicably, it is not in the interest of justice to

continue the prosecution as there is no likelihood of a successful

prosecution and the trial would result only in unnecessary waste

of valuable time of the court. Therefore it is not in the interest of

justice to continue the prosecution.

Petition is allowed. L.P.C.No.34 of 2009 Judicial First class

Magistrate Court-1, Kannur is quashed.

M.SASIDHARAN NAMBIAR, JUDGE.

mns