High Court Kerala High Court

Santhosh vs The State Of Kerala on 8 January, 2010

Kerala High Court
Santhosh vs The State Of Kerala on 8 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 61 of 2010()


1. SANTHOSH, AGED 22 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. LIJU MON @ MANIKUTTAN, (CW1),

3. PREMAN (CW2), S/O.APPU, T.C.16/786,

4. SHIBU @ RAMU, (CW3), S/O.SOMAN,

5. DEEPU, (CW4), S/O.SUKUMARAN,

                For Petitioner  :SRI.SASTHAMANGALAM S. AJITHKUMAR

                For Respondent  :SRI.SHAJIN S.HAMEED

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :08/01/2010

 O R D E R
        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
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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.