The petitioners herein are the original accused Nos.1 and 2 in C.C No.1029 of 2005 of the Judicial First Class Magistrate Court-I, Alappuzha. Crime in the said case was registered under Sections 427 and 294 (b) of Indian Penal Code on the complaint of one Gopidas. The other accused faced trial before the learned Magistrate and obtained a judgment of acquittal under Section 255 (1) of the Code of Criminal Procedure when all the material witnesses including the complainant Gopidas turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The case against the petitioners was split and refiled as C.C No.1100 of 2009. Later, it was transferred to the Register of Long Pending Cases as L.P. No.40 of 2012. The petitioners now seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that continuance of prosecution as against him in the present circumstances will not serve Crl.M.C No.7167 of 2014 2 any purpose. Annexure-A3 judgment in C.C No.1029 of 2005 shows that the learned Magistrate acquitted the others, when nobody including the complainant Gopidas supported the prosecution. Thus, I find that continuance of prosecution as against the petitioners herein in such a situation will not serve any purpose other than wasting the precious time of the trial court. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C. No.1100 of 2009 of the Judicial First Class Magistrate Court-I, Alappuzha which stands now transferred to the Long Pending Register as L.P. No.40 of 2012, will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge