Judicial proceedings may be quashed when case evidence is insufficient and parties reach an amicable settlement, promoting efficiency in justice.

O R D E R

The petitioner is originally the 7th accused in Crime No.507/2010 of Kannur City Police Station. All the accused except the petitioner appeared and faced trial in two CC No. No.1162/2012 and CC No.1321/2016. In both the matters witnesses were examined and none of them were identified their assailants, in consequent of which they were all acquitted. In CC Nos.1162/2012 at Annexure 2, the 1st accused faced trial and he was acquitted and in CC No.1321/2016 accused Nos.2 and 3 were found not guilty and acquitted. The petitioner states that no purpose would be served by proceeding with the trial as against the petitioner. The case against him is presently consigned to the Long Pending Register as L.P No.54/2019 as he was serving abroad. The matter has now been amicably settled with the injured and de facto complainant who respondents 1 to 3. Hence, the petitioner prays that the entire proceedings as against him may be quashed under Section 482 of Cr.P.C.

2. The learned Public Prosecutor has also got instructions from the investigating officer regarding the genuineness of the settlement. The de facto complainant and injured arrayed as respondent Nos.1 to 3 have appeared through counsel and filed affidavits as Annexures 4 to 6, wherein it is stated that the matter has been settled amicably and that they have no objection in quashing the proceedings against the petitioner.

3. I have gone through the judgements at Annexure A2 and A3 which also indicate that there is absolutely no evidence against the persons arrayed as accused and the substratum of the prosecution case has been lost. The trial against the petitioner tantamount to sheer wastage of time. The learned Public Prosecutor under instructions submits that the judments of acquittal against the co-accused have become final.

Under the circumstances, the petition is allowed and the entire proceedings as against the petitioner in Crime No.507/2010 of Kannur City Police Station presently pending as LP No.54/2019 on the files of the Judicial First Class Magistrate Court-II, Kannur stands quashed under Section 482 of Cr.P.C. and the accused is discharged and set at liberty.

SSSD/-

ASHOK MENON,JUDGE rmm APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-1 CERTIFIED COPY OF THE FINAL REPORT IN L.P.NO. 54/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR.

ANNEXURE-2 TRUE COPY OF THE JUDGMENT IN CC .

1162/2012 OF THE JFCM-II, KANNUR.

ANNEXURE-3 TRUE COPY OF THE JUDGMENT IN CC.1321/2016 OF THE JFCM-II-KANNUR.

ANNEXURE-4 AFFIDAVIT OF THE 1ST RESPONDENT/CW1. ANNEXURE-5 AFFIDAVIT OF THE 2ND RESPONDENT/CW2. ANNEXURE-6 AFFIDAVIT OF THE 3RD RESPONDENT/CW3.

RESPONDENTS' EXHIBITS: NIL