Kondotty Police has registered Crime No.446/2010 against the petitioner and other accused alleging offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w.Section 149 IPC. The prosecution case is that on 27.10.2010 at about 22.30 hours the accused persons formed themselves into an unlawful assembly and in furtherance of their common object to commit the offences attacked the de facto complainants.
2. Heard the learned counsel for the petitioner and the learned counsel for respondents 2 to 6. Heard the learned Public Prosecutor also.
3. The learned counsel for the petitioner submitted that all the other accused, except the petitioner, stood a trial before the concerned Magistrate and they had been acquitted as per Annexure-B judgment finding that there is Crl.M.C.No.2570/2014.
2 no evidence to implicate the accused persons in the crime. Learned Magistrate further observed that the matter has been settled between the parties. Annexures C to G are the affidavits filed by the injured witnesses(respondents 2 to 6) stating that they have no grievance against the petitioner and they have no objection in terminating the criminal proceedings pending against the petitioner as well. Considering the entire aspects I find that further prosecution of the case will be a futile exercise. Hence the following order.
4. In the result, this petition is allowed. Annexure-A final report in Crime No.446/2010 of Kondotty Police Station pending before the Judicial First class Magistrate Court, Malappuram in CC.No.1156/2013 is hereby quashed.
Sd/- A.HARIPRASAD, (JUDGE) Kvs/-
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