Sugathan @APPELLANT@Hash State Of Kerala And Ors

Petitioner is the 1st accused in Annexure-A3 final report in Crime No.221/2006 of the Neyyattinkara Police Station, for the offences under Sections 341 and 324 read with 34 IPC. The 2nd accused is the wife of the petitioner. The 2nd accused alone faced trial before the court below in C.C.No.813/2006. The injured CW1 was examined as PW1. She turned hostile to the prosecution and did not support the prosecution case, and deposed that the matter was settled between them. The 2nd accused was acquitted by the court below through Annexure-A5 judgment.

Presently, the case against the petitioner is pending as C.C.No.138/2011 before the Judicial First Class Magistrate's Court-I, Neyyattinkara. Even if the case against the petitioner are proceeded with, no fruitful purpose would be served, except sheer wastage of time. Matters being so, all further proceedings as against the petitioner in C.C.No.138/2011 before the Judicial First Class Magistrate's Court-I, Neyyattinkara are liable to be quashed.

In the result, this Crl.M.C. is allowed, and all further proceedings as against the petitioner in C.C.No.138/2011 before the Judicial First Class Magistrate's Court-I, Neyyattinkara are hereby quashed.