The petitioner herein is the original second accused in Crime No339/2009 of the Kannur City Police Station, registered under Sections 341, 323, 394(b) and 506(1) of the Indian Penal Code. The other two accused faced trial before the learned Judicial First Class Magistrate II, Kannur, and obtained judgment of acquittal when the material witnesses turned hostile to the prosecution. The case against the petitioner was split up and refiled when he absconded from legal process, and it stands transferred to the register of long pending cases as L.P No.66/2012. He could not appear along with the other accused because he, by that time, went abroad for employment. Now the petitioner seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution against him on the ground that continuance of the prosecution will not serve any purpose, and also on the ground that he and the defacto complainant have come to terms amicably. The defacto complainant Abdul Rasheed is the 3rd respondent herein. He has Crl.M.C No.7035 of 2014 2 filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no complaint or grievance now. Even otherwise the case can be quashed because, in view of the acquittal of others the prosecution cannot improve the case as against the petitioner herein. Annexure A4 judgment shows that the other accused obtained judgment of acquittal when the material witnesses did not in any manner support the prosecution. In short, continuance of prosecution as against the petitioner herein will be a sheer waste of time.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein before the Judicial First Class Magistrate Court-II, Kannur in Crime No.339/2009 of the Kannur City Police Station, which stands transferred to the register of long pending cases as L.P No.66/2012, will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution.
P.UBAID JUDGE ab