Quashing of proceedings against a petitioner is warranted when no evidence supports continued prosecution, considering acquittals of co-accused.

O R D E R

(Dated this the 25th day of February, 2026)

The accused No.7 in Crime No. 75 of 2013 of Kasargode Police Station now pending as LP No.33 of 2019 on the file of Chief Judicial Magistrate, Kasargode filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against him. The offences alleged against the petitioner and the co-accused are under Section 143, 147, 148, 341, 323, 354, 326 and 153A r/w 149 of IPC. 2. The prosecution case is that on 27.01.2013 at about 3.30 pm, when CWs 4 to 8 were playing cricket in the ground near Santhi nagar, the cricket ball fell on the bus in which the accused persons were traveling. At that time, the accused persons attacked and inflict injuries to CWs 1 to 7, outraged the modesty of CW1 and thereby they are alleged to have committed the aforesaid offences.

3. According to the learned Counsel for the petitioner as per Annexure A2 judgment the learned Magistrate already acquitted the accused persons 1 to 6, 8,9 and 11 for want of evidence and therefore he prayed for quashing the proceedings against the petitioner.

4. The petition was opposed by the learned Public Prosecutor.

5. On a perusal of Annexure A2 judgment it can be seen that the learned Magistrate has acquitted the accused persons 1 to 6, 8, 9 and 11 as none of the witnesses examined in the case supported the prosecution case. It appears that the matter was settled between the parties before they were examined before the learned Magistrate. At the time of evidence they did not support the prosecution of the case. In the light of Annexure A2 judgment there is no meaning in continuing the proceedings against the petitioner as it will only be an abuse of the process of court.

Therefore, this Crl.MC is allowed. All further proceedings against the petitioner in Crime No. 75 of 2013 of Kasargode Police Station now pending as LP No.33 of 2019 on the file of Chief Judicial Magistrate, Kasargode is quashed.

Sd/-