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Judgment
15 paragraphs · 278 wordsAshok Menon, J
The petitioners are accused 2 and 3 in Crime No.92/2006 of Venjaramood Police Station for having allegedly committed the offences punishable
under Sections 143, 147, 447 and 427 read with Section 149 of the I.P.C.
2. The petitioners were absconding and the case against them was split up and refiled as C.C.No.819/2011 on the files of Judicial First Class
Magistrate Court-II, Attingal. While the trial proceeded as against accused 1, 4 and 5 in C.C.No.621/2006, vide judgment dated 11.11.2011, they were
found not guilty and acquitted in view of lack of evidence against them to support the prosecution allegation. The petitioners stated that the substratum
of the prosecution case has been lost and moreover, the de facto complainant is no more and the matter has been settled with the son of the de facto
complainant.
3. The learned Public Prosecutor under instructions submits that the petitioners have settled the matter with the son of the de facto complainant and
that no appeal has been preferred over Annexure A2 judgment and it has now become final. In view of the acquittal of the co-accused, the
substratum of the prosecution case has been lost, and therefore, proceeding with the trial as against the petitioners is a sheer wastage of judicial time.
Under the circumstances, I find that the entire proceedings will have to be quashed.
Resultantly, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in Crime No.92/2006 of Venjaramood Police Station,
presently pending on the files of the Judicial First Class Magistrate Court-II, Attingal as C.C.No.819/2011, stands quashed under Section 482 of
Cr.P.C. and the petitioners are discharged and set at liberty.