The petitioner herein is the original 12th accused in Crime No.80/2001 of the Kadakkavur Police Station, registered under Sections 143, 147, 148, 149, 506(ii) and 427 of the Indian Penal Code. Cognizance on the final report was originally taken in the court of the learned Judicial First Class Magistrate, Varkkala, as C.C No.430/2002. In the said case the original accused Nos.1 to 8 and 10 appeared and faced trial. But none of the material witnesses supported the prosecution in view of a compromise out of court, and accordingly they obtained a judgment of acquittal. Later C.C No.1003/2004 proceeded against the other three accused as a split up case. In the said case two of accused faced trial. When the material witnesses turned hostile in the said case also the learned Magistrate acquitted them under Section 248(1) of the Code of Criminal Procedure as per the judgment dated 15.1.2007. The case against the petitioner herein was split up and re-filed as C.C.No.7/2007. Now the petitioner alone remains to be tried, Crl.M.C No.5786 of 2014 2 and all the other accused stand acquitted. He seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that continuance of prosecution as against him will not serve any purpose.
2. I heard both sides and perused the judgment of the trial court, produced as Annexure A2. The judgment shows that the other accused obtained acquittal in C.C.No.430/2002 when all the material witnesses turned hostile in view of a settlement out of court. The witnesses did not support the prosecution in C.C.No.1003/2004 also. Hence I find that none of the witnesses will support the prosecution as against the petitioner herein, if the case against him goes to trial. The parties have really come to terms out of court, and it is quite sure that the prosecution cannot in any manner improve the case as against the petitioner herein. The said proceeding will definitely be a sheer waste of time. Just because the case now stands transferred to the register of long pending cases for sufficient reasons the relief sought by the petitioner cannot be denied.
3. In so many cases the Hon'ble Supreme Court has held that prosecution can be quashed under Section 482 of the Crl.M.C No.5786 of 2014 3 Code of Criminal Procedure when the court is well satisfied that continuance of such a prosecution will not serve any purpose.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.C.No.114/2013, which stands transferred to the register of long pending cases as L.P No.128/2012 of the Judicial First Class Magistrate-I, Varkkala, will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ab