The petitioner herein is the original 8th accused in Crime No.30/2009 of the Hosdurg Police Station, registered under Sections 143, 147, 148, 332 and 308 r/w Section 149 of the Indian Penal Code. Two of the eight accused in the crime initially faced trial before the learned Additional Session Judge (Ad Hoc-II), Kasaragod, in S.C No.27/2010, and obtained a judgment on 6.3.2013 when all the material witnesses practically turned hostile to the prosecution in view of the amicable settlement made by the parties out of court. Later, the case against one of the accused was quashed by this Court as per order dated 21.1.2014 in Crl.M.C No.746/2014. Now the petitioner also seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution as against him on the ground that continuance of prosecution as against him, will be a sheer waste of time. When there is amicable settlement, nobody will support the prosecution, and the prosecution cannot in any manner improve the case. In view of Annexure 3 Crl.M.C No.6057 of 2014 2 judgment in S.C No.27/2010, and also Annexure 4 order of this Court in Crl.M.C No.746/2014 the prosecution as against the petitioner herein also can be quashed because such proceeding will be a sheer waste of time. At the initial stage nobody including the material witnesses supported the prosecution. When cross examined by the learned Public Prosecutor, all of them stated about the amicable settlement made out of court. I find that continuance of prosecution will not serve any purpose in the above situation. So the prosecution as against the petitioner herein also can be quashed.
In the result, the Criminal Miscellaneous Case is allowed. The prosecution against the petitioner herein in Crime No.30/2009 of the Hosdurg Police Station, now pending in the register of long pending cases as L.P No.55/2010 before the Judicial First Class Magistrate Court-I, Hosdurg will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution.
P.UBAID JUDGE ab