The petitioner herein is the original 6th accused in C.C.No.617/2009 of the Judicial First Class Magistrate Court, Kasaragod. The offences involved are under Sections 143,147,148,447,427 and 506(i) IPC. The other five accused faced trial before the learned Magistrate, and obtained a judgment of acquittal under Section 248(1) Cr.P.C., when the material witnesses turned hostile to the prosecution. When the material witnesses did not, in any manner, support the prosecution during trial, the learned Assistant Public Prosecutor in charge of the case gave up the remaining witnesses, and the learned Magistrate closed the evidence. The case against this petitioner was split up and re-filed as C.C. No. 118/2013, when he remained consistently absent during trial. Now, it is pending as C.C.No. 741/2014. He seeks orders quashing the prosecution, on the ground that proceeding with the case as against him will not serve any purpose. A perusal of Annexure-2 judgment in C.C. Crl.M.C.. No. 5061/2014 2 No. 617/2009 shows that all the material witnesses cited by the prosecution turned hostile to the prosecution during trial, in view of the settlement arrived at by the parties out of court. When nobody supported the prosecution, the learned Assistant Public Prosecutor gave up all the remaining witnesses, and the learned Magistrate closed the case. In such a situation, I find that continuance of prosecution as against the petitioner herein will not serve any purpose. I find that prosecution against him will not, in any manner, improve the case, and the witnesses also cannot, in any manner, support the prosecution, if the case goes to trial. I further find that the witnesses turned hostile at the initial stage in view of the amicable settlement made out of court. In the result, this Crl.M.C. is allowed. Prosecution as against the petitioner herein in C.C. No. 741/2014 of the Chief Judicial Magistrate Court, Kasaragod, will stand quashed under Section 482 Cr.P.C. Accordingly, petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE