The petitioner herein is the original 5th accused in C.C.No.528/2010 of the Judicial First Class Magistrate Court, Ponnani. Crime in the said case was registered under Sections 143, 147, 148, 341, 324, 452, 427, 506(ii) IPC read with Section 149 IPC, on the complaint of one Abdul Salam. The other five accused faced trial before the learned Magistrate in C.C.No.528/2010, and obtained a judgment of acquittal under Section 248(1) Cr.P.C., when all the material witnesses including the first informant turned hostile to the prosecution in view of an amicable settlement made between the parties. The case against the petitioner was split up and refiled as C.C.No.628/2010, when he consistently remained absent during trial. He now seeks orders quashing the prosecution, on the ground that continuance of prosecution will not serve any purpose. Annexure B judgment in C.C.No.528/2010 shows that the prosecution examined seven witnesses in the case, and marked Ext.P1 document but nobody Crl.M.C.. No. 7282/2014 2 supported the prosecution, in any manner. Even the first informant disowned his case in Ext.P1 First Information statement. The 1st informant is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and he has no grievance or complaint now. I am well satisfied that there is a real settlement between the parties, and continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court. I find that the prosecution cannot, in any manner, improve the case as against the petitioner herein, if it goes to trial. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner in C.C.No.628/2010 of the Judicial First Class Magistrate Court,Ponnani, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
Sd/-
P. UBAID, JUDGE sd