IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1344 of 2009()
1. JOSE JAMES, S/O.JAMES, MATTATHOPPU
... Petitioner
2. JOSE GEORGE, S/O.ELIAS,
3. PAUL, S/O. WILFRED, NEDUMTHOPPIL
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SHAJI MANUEL, S/O.MANUEL,
3. ANIL ANTONY, S/O.ANTONY AGED 34 YEARS
4. RAJU,S/O. HENRY AGED 40 YEARS,
5. EJIN,S/O. FRANCIS ,AGED 38 YEARS
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :24/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No. 1344 OF 2009
===========================
Dated this the 24th day of June,2009
ORDER
Petitioners were accused 15,21, and 22 in Crime
No.134/1995 of Sakthikulangara Police Station. The
case as against accused 1,2,3,7,9,13,15,16,18,20, 21
and 22 were refiled and committed to the Sessions
Court as per order in C.P.11/1996 and taken on file as
C.C.881/2003. In S.C.131/1996, after trial all the
said accused were acquitted. In S.C.881/2003 accused 2
and 7 were tried and the case as against accused 1,3,6
and 8 to 11 were refiled as they were absconding.
Accused 2 and 7 in S.C.881/2003 were acquitted as Pws.1
to 3 alone were examined and they did not support the
prosecution and the Prosecutor had given up all the
other witnesses as all of them had turned hostile.
The case as against the petitioners are now pending as
S.C.1286/2007 on the file of Additional Assistant
Sessions Court, Kollam. This petition is filed under
section 482 of Code of Criminal Procedure to quash the
case as against them contending that in view of the
settlement of the disputes with the injured no purpose
Crl.M.C.1344/2009 2
will be served by directing the petitioners to undergo the
ordeal of a trial. Annexure B agreement executed by the
injured is also produced to establish that there was a
settlement of disputes.
2. Second respondent filed a separate affidavit stating
that the dispute arose regarding the selling of ice at
Sakthikulangara Fishing Harbour and all those issues were
later amicably settled and there is no dispute now with
the accused and they have no grievance against the
petitioners herein and they are not interested in
prosecuting them further and therefore they have no
objection for quashing the case.
3. Learned counsel appearing for the petitioners and
the learned Public Prosecutor were heard.
4. Learned Public Prosecutor on instruction submitted
that there was a settlement of disputes with the
prosecution witnesses and the witnesses turned hostile
when the case was tried in S.C.131/1996 as well as
S.C.881/2003.
5. Though the offences alleged against the petitioners
include an offence under section 307 of Indian Penal Code
and as held by the Apex Court in Manoj Sharma v. State
(2008(4) KLT 417 (SC), such an offence cannot be quashed
invoking the powers under section 482 of Code of Criminal
Procedure special circumstance of the case establish that
Crl.M.C.1344/2009 3
even if petitioners are to be tried it will not yield any
conviction. When the original accused were tried in
S.C.131/1996, all the prosecution witnesses turned hostile
and therefore learned Sessions Judge was compelled to
acquit the accused. Later when two of the other absconding
accused were tried in S.C.881/2003, the same drama was
enacted and therefore Public Prosecutor did not examine the
prosecution witnesses except Pws. 1 to 3, who turned
hostile. In such circumstance, even if it is to be taken
that the case is not quashed and petitioners are tried by
the Assistant Sessions Judge, in the light of the further
development and the acquittal of the other accused in view
of the hostility of the prosecution witnesses, there is no
chance of a successful prosecution. In such circumstance,
if petitioners are to be tried, it would only result in
unnecessary waste of the valuable time of the court.
Therefore in the interest of justice the case is to be
quashed.
Petition is allowed. S.C.1286/2007 on the file of
Additional Assistant Sessions Court, Kollam as against the
petitioners is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006