Manoj Varghese v. Suja Manoj

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 Crl.MC.No. 8002 of 2015 ------------------------- L.P NO.129/2012 IN C.C .NO.158/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, PATHANAMTHITTA CRIME NO. 320/2004 OF KONNI POLICE STATION, PATHANAMTITTA PETITIONER/ACCUSED:

------------------- MANOJ VARGHESE, AGED 45 YEARS, S/O.VARGHESE, MEPPURATHU HOUSE, LAKOOR, PRAMADAM VILLAGE, PATHANAMTHITTA.

BY ADVS.SRI.M.T.SURESHKUMAR SRI.S.SANAL KUMAR SMT.SMITHA PHILIPOSE RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. SUJA MANOJ, AGED 35 YEARS, D/O.ALIS JOY, PUTHENVEETTIL, IKADU, KOTTAMON, KONNI TALUK, PATHANAMTHITTA DISTRICT-689645.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

R1 BY ADV. SRI.P.R.JAYASANKAR R2 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 8002 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:

------------------------ ANNEXURE A1: COPY OF THE FIR IN CRIME NO.320 0F 2004 OF KONNI POLICE STATION ANNEXURE-A2: COPY OF THE FINAL REPORT DATED 9-10-2014 IN CRIME NO.320/2004 OF KONNY POLICE STATION ANNEXURE-A3: COPY OF THE JUDGMENT DATED 24-5-2013 IN C.C.71 OF 2006 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS II, PATHANAMTHITTA.

RESPONDENTS' ANNEXURES ---------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.8002 of 2015 --------------------------------------- Dated this the 23rd day of December, 2015

O R D E R

The petitioner herein is the original first accused in C.C No.71/2006 of the Judicial First Class Magistrate Court II, Pathanamthitta. The offence involved in the case is under Section 498A of the Indian Penal Code. The original accused Nos.2 and 3 faced trial before the trial court and obtained a judgment of acquittal under Section 248(1) of the Code of Criminal Procedure when the material witness (de facto complainant) turned hostile to the prosecution in view of an amicable settlement made by the parties out of court. 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.2 and 3. The case against the petitioner herein was split up and refiled as C.C No.158/2013, and it stands transferred to the register of long pending cases as L.P No.129/2014. The petitioner now seek orders quashing the prosecution as against him on the ground that the very substratum of the prosecution case is totally lost by the acquittal

Crl.M.C No.8002 of 2015 of the others, and continuance of prosecution against him will not serve any purpose. Annexure A3 judgment in C.C No.71/2006 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.

In the result, this petition is allowed. The prosecution against the petitioner in C.C No.158/2013 of the Judicial First Class Magistrate Court II, Pathanamthitta (now pending as L.P No.129/2014) 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, executed by him will stand discharged.

Sd/- P.UBAID ab JUDGE //True Copy// P.A to Judge