The petitioner herein is the original second accused in C.C No.916 of 2014 before the Judicial First Class Magistrate Court-I, Perinthalmanna. The other accused in the case faced trial and obtained a judgment of acquittal under Section 248 (1) of the Code of Criminal Procedure, when all the material witnesses turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. 2. The case against the petitioner herein was split up and refiled as C.C No.726 of 2012 when he consistently remained absent. Now he seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that continuance of proceedings against him in the above circumstance will not serve any purpose. The case now stands re-numbered as C.C 916 of 2014 . Annexure-B judgment in C.C No.229 of 2011 shows that all Crl.M.C No.6366 of 2014 2 the material witnesses cited by the prosecution including the person who sustained injuries in the alleged incident turned hostile to the prosecution. The judgment also shows that nobody in fact supported the prosecution in view of an amicable settlement between the parties made out of court.
3. There is no doubt that those witnesses will not in any manner support the prosecution when the case against him goes to trial. I find that the prosecution cannot in any manner improve the case against the petitioner herein and I also find that continuance of proceedings will be a sheer waste of time.
In the result, this petition is allowed. The prosecution against the petitioner in C.C No.916 of 2014 of the Judicial First Class Magistrate Court-II, Perinthalmanna will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution , and the bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ma