The petitioners herein are the original accused Nos. 19, 20, 22, 23 and 24 in C.C No.1130/04 of the Judicial First Class Magistrate, Kadakkal, Kollam. When these petitioners absconded from trial process in C.C No. 1130/04, their case was split up and refiled, and it is now pending as C.C No.502/14 in the trial court. The original accused numbers 1 to 8, 13, 14, 16 to 18, 21 and 25 obtained a judgment of acquittal under Section 248(1) Cr.P.C in C.C No. 1130/04, when all the material witnesses turned fully hostile to the prosecution. In such a situation these petitioners seek orders quashing the prosecution as against them, on the ground that continuance of prosecution will not serve any purpose. The Annexure B judgment in C.C 1130/14 shows that many of the accused obtained judgment of acquittal from the trial court, when all the material witnesses turned hostile to the prosecution. I am definite that in such a situation the prosecution cannot in any manner improve the case against the others. No doubt, the material witnesses will not in any manner help the prosecution by any positive evidence, once they have turned fully hostile to the Crl. M.C No. 6397 of 2014 2 prosecution at the initial stage. The offences involved in the crime are not in fact very serious. Orders under section 482 Cr.P.C are quashed only because the offences are not in fact compoundable under the law. Annexure B judgment shows that the material witnesses turned hostile during trial in view of an amicable settlement made out of court. I am definite that continuance of the prosecution against the petitioners will be a sheer waste of time. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C. No.502/14 before the Judicial First Class Magistrate Court, Kadakkal, Kollam, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab