IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 2^ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 CRL.MC NO. 539 OF 2024 CRIME NO.2065/2016 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT LP 95/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA PETITIONER/ACCUSED :

BINSHAD, AGED 28 YEARS S/O MAKKAR, KARUKAPILLIYIL HOUSE, MULAVOOR KARA, MULAVOOR VILLAGE, MUVATTUPUZHA, ERNAKULAM – 686 673.

BY ADVS.

P.M.RAFEEK SARA JOHN RESPONDENT/STATE/DE-FACTO COMPLAINANT & CWS :

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 SAJID, AGED 29 YEARS S/O ASEES, KADANGATTU HOUSE, ERAMALOOR KARA, ERAMALOOR VILLAGE, KOTHAMANGALAM TALUK – 686 691.

3 SHEFEEQ, AGED 29 YEARS S/O MUHAMMED, KAMMATHUKUDIYIL HOUSE, ERAMALOOR KARA, ERAMALOOR VILLAGE, KOTHAMANGALAM TALUK., PIN – 686 691.

4 AJMAL, AGED 27 YEARS S/O KUNJUMON, KALARIPPARAMBIL HOUSE, ERAMALOOR KARA, ERAMALOOR VILLAGE, KOTHAMANGALAM TALUK, PIN – 686 691.

BY ADV V.A.NAVAS SMT. SREEJA V. (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

02.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J ......….............................................

Crl.M.C. No.539 of 2024 …................................................

Dated this the 2^nd day of February, 2024 ORDER Petitioner is the second accused in Crime No.2065/2016 of Muvattupuzha Police Station. Since he absconded, during the stage of committal proceedings, the remaining accused were proceeded with in S.C.No.790/2017 before the Additional Sessions Judge, Muvattupuzha. The offences alleged against the petitioner are under Sections 294(b), 323, 341, 326, and 307 r/w Section 34 of the Indian Penal Code, 1860.

2. The gist of the prosecution case is that, on 02.08.2016, while the defacto complainant was riding a motorcycle, the accused, with the intention to commit murder, hit on the motorcycle and thereafter attempted to kill the defacto complainant, by running the vehicle over him. However, since the defacto complainant jumped over a wall, he escaped from injuries but thereafter he was brutally assaulted and the accused thereby committed the offences alleged.

3. Three accused, who faced trial, were acquitted by judgment dated

30.09.2022. While acquitting those accused, the learned Sessions Judge observed that the dispute between the accused and the victims has already been settled and witnesses have turned hostile to the prosecution case. No witnesses other than PW1 and PW2, were produced by the prosecution to prove the incident. Those witnesses had even settled the issue with the accused. Thus, the benefit of acquittal of the accused in S.C.No.790/2017 on the files of the Additional Sessions Judge, Muvattupuzha, is pointed out as a factor which must be extended to the petitioner as well since he has also settled the dispute with the defacto complainant.

4. In support of the aforesaid contention, Annexure-A3, Annexure-A4, and Annexure-A5 affidavits have also been produced. The veracity of those affidavits were verified by the Investigating Officer, who affirmed that those affidavits were given by the defacto complainant and the injured witnesses, and further that they stood with the contents therein.

5. Though normally an offence under Section 307 of IPC cannot be quashed on the basis of settlement, it is not an inflexible rule, and it depends upon the circumstances of each case.

6. Having regard to the acquittal of all remaining accused other than the petitioner in the judgment in S.C.No.790/2017 before the Additional Sessions Judge, Muvattupuzha, and the affidavits produced in this case reflecting the willingness of the defacto complainant and other deponents to settle the case against the petitioner, I am of the view that, no purpose would be achieved by continuing the prosecution.

Accordingly, all proceedings against the petitioner in S.C.No.790/2017 before the Additional Sessions Judge, Muvattupuzha, are