IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4827 of 2010()
1. ANIL, S/O.THAMBU, AGED 24 YEARS,
... Petitioner
Vs
1. MANU, AGED 20 YEARS, S/O.MURALI,
... Respondent
2. REMESH, AGED 28 YEARS, S/O.RAJAN,
3. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.V.A.JOHNSON (VARIKKAPPALLIL)
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4827 of 2010
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ORDER
Petitioner was the second accused in C.C.No.
86/2008 on the file of Judicial First Class
Magistrate’s Court, Alathur, taken cognizance for
the offences under Sections 143, 147, 148, 341, 506
(i), 294(b) and 324 read with Section 149 of Indian
Penal Code on Annexure-A final report. As
petitioner was absconding, case against him was
split up and re-filed as C.C.No.99/2010. The
remaining six accused were acquitted by Annexure-B
judgment finding that PWs 1 to 5 did not support
the prosecution case and Assistant Public
Prosecutor gave up the remaining witnesses for the
reason that disputes were settled amicably. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings
contending that in view of the order of acquittal
against co-accused and settlement of the disputes
CRMC 4827/10 2
with respondents 1 and 2, the defacto complainant
and the injured, it is not in the interest of
justice to continue the prosecution.
2. Respondents 1 and 2 appeared through a
counsel and filed separate affidavits stating that
they have settled all the disputes with the
petitioners and therefore, they have no objection
for quashing the proceedings.
3. Prosecution case is that on 6.2.2008 at
about 9.30 a.m., the seven accused formed
themselves in to an unlawful assembly with the
common object of attacking and causing hurt to
respondents 1 and 2, who are members of BJP and
RSS, as the accused are members of CPI(M) and in
furtherance of their common object, wrongfully
restrained respondents 1 and 2 after committing
riot, armed with deadly weapons and caused hurt and
also intimidated respondents 1 and 2 and scolded
them using filthy language and thereby, all the
accused committed the offences. Annexure-B judgment
CRMC 4827/10 3
shows that when the remaining six accused were
tried, no witness supported the prosecution case
and therefore, learned Magistrate was compelled to
acquit those accused. Affidavits filed by
respondents 1 and 2 establish that they have
settled all the disputes with the petitioners and
in such circumstances, no purpose will be served by
directing the petitioners to undergo the ordeal of
a trial, as it would result only in unnecessary
waste of valuable time of the court.
Petition is allowed. C.C.No.99/2010 on the file
of Judicial First Class Magistrate’s Court, Alathur
is quashed.
9th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv