The petitioner herein is the original second accused in C.C.No.360 of 2010 of the Judicial First Class Magistrate Court, Erattupetta. Crime in the said case was registered under Sections 294(b), 341, 427, 451 and 506(i) IPC r/w Section 34 IPC. The other three accused in the crime faced trial before the learned magistrate and obtained a judgment of acquittal, when the material witnesses did not support the prosecution in view of an amicable settlement made by the parties out of court. The case against the petitioner herein was split up and refiled as C.C.No.807 of 2012. The petitioner seeks orders under Section 482 Cr.P.C quashing the prosecution, on the ground that continuance of prosecution in such a situation will not serve any purpose. The de facto complaint is one Jomon Jose, who is the 3rd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute with the accused including the petitioner herein, and he has no grievance or complaint now. Annexure-A3 judgment shows that the trial court acquitted the others in the absence of any evidence or Crl.M.C.No.4514 of 2014 2 material, when all the witnesses turned hostile to the prosecution. The judgment also shows that the witnesses turned hostile during trial in view of a settlement made out of court. I find that continuance of prosecution in such a situation will not serve any purpose other than wasting of precious time of the court.
In the result, this Crl.M.C is allowed. The prosecution against the petitioner in C.C.No.807 of 2012 of the Judicial First Class Magistrate Court, Erattupetta 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.
P. UBAID, JUDGE.
AS