The petitioner herein is the original 8th accused in Crime No.12/2008 of the Meppayur Police Station. The other accused in the case faced trial in S.C No.86/2012 before the learned Assistant Sessions Judge, Koyilandy and obtained a judgment of acquittal under Section 232 of the Code of Criminal Procedure, when the material witnesses including the injured defacto complainant turned hostile to the prosecution. Now the petitioner seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the said ground, and also on the other ground that he and the defacto complainant have come to terms amicably out of court. Annexure 2 judgment in S.C No.86/2012 shows that the defacto complainant Shajir and the other eye witnesses cited by the prosecution did not in any manner support the prosecution in S.C No.86/2012, and in such a circumstance evidence was closed by the trial court. In the absence of any incriminating Crl.M.C No.6190 of 2014 2 circumstance, the others were acquitted under Section 232 of the Code of Criminal Procedure. No doubt, the material witnesses will not in any manner support the prosecution, and the prosecution cannot in any manner improve the case, if the case against the petitioner goes to trial. The defacto complainant Shajir is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint now. Annexure A2 shows that the witness turned hostile during trial in the other case in view of the amicable settlement made out of court. I find that continuance of prosecution against the petitioner herein will not serve any purpose, other than wasting the precious time of the court. His case was split up and refiled as C.P No.168/2009 before the Judicial First Class Magistrate Court, Payyoli, and now it stands transferred to the register of long pending cases as L.P No.42/2009. In the present circumstances the prosecution can well be quashed under Section 482 of the Code of Criminal Procedure.
In the result, the Criminal Miscellaneous Cases is allowed. The prosecution against the petitioner in C.P Crl.M.C No.6190 of 2014 3 No.168/2009 (now pending in L.P No.42/2009) before the Judicial First Class Magistrate Court, Payyoli, will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution.
P.UBAID JUDGE ab