The petitioner herein is the original first accused in C.C No.1251/2013 of the Judicial First Class Magistrate Court – II, Perinthalmanna. The offences involved in the case are under Sections 341, 323, 324 and 294(b) r/w 34 IPC. The other two accused faced trial before the learned Magistrate, and obtained a judgment of acquittal under Section 248 (1) Cr.P.C, when the material witnesses including the first informant turned hostile to the prosecution, in view of an amicable settlement made by the parties out of court. The case against the petitioner herein was split up as C.C No.867/2014, when he remained consistently absent during trial. He now seeks orders quashing the prosecution against him on the ground that continuance of the prosecution will not serve any purpose. The petitioner has produced copy of the judgment in C.C No.1251/2013. This judgment shows that none of the material witnesses including the first informant supported the prosecution during trial. The material witnesses gave evidence against the prosecution in view of a settlement made by the parties out of Crl. M.C No. 5612 of 2014 2 court. In such a situation, I find that continuance of prosecution against the petitioner will not serve any purpose. The prosecution cannot in any manner improve the case against him, and the witnesses also will not support the prosecution, if the case goes to trial. Practically, the prosecution will be a sheer waste of time. In the result, this petition is allowed. The Prosecution against the petitioner in CC. 867/2014 of the Judicial First Class Magistrate Court – II, Perinthalmanna will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from p+- rosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID, JUDGE sab