The court has the authority to quash proceedings when evidence suggests no incrimination of the accused.

ORDER

Dated this the 23^rd day of January, 2026 The petitioner is the 2^nd accused in Crime No. 136 of 1995 of Parassala Police Station, now pending as S.C No. 1494 of 2024 before the Additional Sessions Court, Neyyatinkara. He has filed this petition under Section 528 of the BNSS praying for quashing all further proceedings against the him. The offences alleged against the petitioner and the other accused persons are under Sections 143 , 147, 149, 448, 344, 366(A), 376 of the IPC .

2. The prosecution case is that on 22.04.1995 at about 4.15 p.m., the accused persons formed themselves into an unlawful assembly, kidnapped her and that the 1^st accused committed rape upon her.

3. According to the learned counsel for the petitioner, as per Annexure A6 judgment, accused persons 3, 4 and 5 were already acquitted by the learned Sessions Judge. Therefore, he prayed for quashing all further proceedings against the petitioner.

3. The petition was strongly opposed by ther learned Public Prosecutor.

4. On a perusal of Annexure A6 judgment as well as the copy of the depostiton of the victim as PW3 would reveal that the learned Sessions Judge acquitted the accused persons 3, 4 and 5, as there was no incriminating evidence against them. When the victim was examined as PW3, she deposed that no such incident occurred and she further made clear that the accused persons have not abducted her and the 1^st accused has not committed rape upon her.

5. In the light of the above evidence given by PW3 as well as in the light of Annexure A6 judgment, there is no meaning in continuing the proceedings against the petitioner herein.

In the result, this Crl.M.C is allowed and all further proceedings against the petitioner in S.C No. 1494 of 2024 before the Additional Sessions Court, Neyyatinkara arising out of Crime No. 136 of 1995 of Parassala Police Station, is quashed.

Sd/-