Shibu @ Shihab v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Crl.MC.No. 6866 of 2015 () --------------------------- CC 1/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT - I, NORTH PARAVUR CRIME NO. 2/2002 OF ELOOR POLICE STATION , ERNAKULAM DISTRICT ======================= PETITIONER/ACCUSED:
--------------------------------- SHIBU @ SHIHAB, S/O. ISMAIL, AGED 33 YEARS KAVALACKALVEEDU, METHANAMBHAGAM VADAKKUMBHAGAMKARA, ELOOR VILLAGE ERNAKULAM DISTRICT BY ADV. SRI.SHERRY J. THOMAS RESPONDENTS/RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031
2. SUHARA, D/O. IBRAHIMKUTTY, AGED 43 YEARS KOOTUGALVEEDU, VADAKKUMBHAGANKARA NEAR METHANAM BUS STOP, ELOOR VILLAGE NOW RESIDING AT PWRA 160, MEENCHIRA ROAD PONEKKARA, AIMS POST, ERNAKULAM DISTRICT R2 BY ADV. SRI.VIPIN VARGHESE R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.6866/2015 APPENDIX PETITIONER'S EXHIBITS ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2/2002 ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.1022/2002 ANNEXURE A3 ORIGINAL OF AFFIDAVIT DATED 20.10.2015 FILED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No. 6866 of 2015 --------------------------------------- Dated this the 26th day of October, 2015
O R D E R
The petitioner herein is the original 2nd accused in C.C.No.1022/2002 of the Judicial First Class Magistrate Court, North Paravur. The offences involved are under Sections 143, 147, 448, 294(b), 427 read with 149 IPC. The original accused Nos.1 and 3 to 5 faced trial before the trial court, and obtained a judgment of acquittal under Section 255(1) Cr.P.C., when all the material witnesses including the first informant/de facto complainant turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. The prosecution examined one witness in the said case, and also marked Exts.P1. But the witnesses did not support the prosecution. In such a circumstance, examination of the others was dispensed with, and evidence was closed by the trial court. In the absence of any evidence or incriminating circumstance, the learned Magistrate acquitted the accused Nos.1 and 3 to 5. The case against the 2nd accused was split up and re-filed as
Crl.M.C.. No. 6866/2015 C.C.No.1/2007, when he absconded during trial. The petitioner now seeks orders quashing the prosecution as against him on the ground that the very substratum of the prosecution case is totally lost by the acquittal of the others, and continuance of prosecution against him will not serve any purpose. The 2nd respondent has filed affidavit to the effect that the whole dispute stands settled. Annexure-A2 judgment in C.C.No.1022/2002 shows that the material witness examined by the prosecution in the said case turned hostile in view of an amicable settlement made by the parties out of court. In such a situation, it is quite definite that the prosecution cannot in any manner improve the case, and the witnesses also cannot in any manner help the prosecution, if the case against the petitioner goes to trial. In short, such proceeding will be a sheer waste of time. Even otherwise, the prosecution can be quashed, because the whole dispute stands now settled amicably out of court.
In the result, this petition is allowed. The prosecution against the petitioner in C.C.1/2007 before the Judicial First Class Magistrate Court, North Paravur, will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any,
Crl.M.C.. No. 6866/2015 executed by him will stand discharged.
Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge