The petitioner herein is the original 2nd accused in C.C.No.231/2005 of the Judicial First Class Magistrate Court, Payyannur. Crime in the said case was registered under Sections 143, 147, 341 and 323 IPC read with 149 IPC, on the complaint of one Madhu @ Madhusoodhanan. The other seven accused faced trial before the learned Magistrate, and obtained a judgment of acquittal under Section 255(1) Cr.P.C., when all the material witnesses including the first informant turned hostile to the prosecution in view of an amicable settlement made out of court by the parties. The case against the petitioner was split up and refiled as C.C. No. 612/2007 when he consistently remained absent during the trial process. Now, the case is pending as C.C.No.709/2014 before the learned Magistrate. The petitioner seeks orders quashing the prosecution as against him, on the ground that continuance of prosecution in such a situation will not serve any purpose. Annexure-A3 judgment in Crl.M.C.. No. 6870/2014 2 C.C.No.231/2005 shows that all the material witnesses examined by the prosecution turned hostile, and the learned Magistrate acquitted the other seven accused in the absence of any evidence or incriminating circumstance. The judgment shows that nobody supported the prosecution during trial in view of an amicable settlement between the parties. I find that substratum of the prosecution case stands lost, and continuance of prosecution as against the petitioner herein will be a sheer waste of time. Prosecution cannot, in any manner, improve the case against the petitioner, or the witnesses cannot, in any manner, support the prosecution, if the case against the petitioner goes to trial. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner in C.C. No. 709/2014 of the Judicial First Class Magistrate Court, Payyannur will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
Sd/-
P. UBAID, JUDGE sd