2025:KER:29433 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 CRL.MC NO. 10338 OF 2024 CRIME NO.1880/2015 OF Ezhukone Police Station, Kollam IN CC NO.257 OF 2021 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA PETITIONER/3RD ACCUSED: JITHU SAMUEL, AGED 28 YEARS S/O. SAMUEL, UCHARAMKUNNIL HOUSE, NEAR THENGUMVILA JUNCTION, VENMANOOR MURI, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN - 691506 BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE VARUN JACOB RESPONDENTS/STATE, DEFACTO COMPLAINANT AND VICTIM: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 BINU, S/O. SOMAN, MUKALUVILA VEEDU, VENMANOOR MURI, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN - 691506 2025:KER:29433 Crl.M.C. No.10338 of 2024 2 3 VINOD, S/O. SOMAN, MUKALUVILA VEEDU, VENMANOOR MURI, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM, PIN - 691506 BY ADV ASWIN NANDA A. SMT. C. SEENA, PP. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29433 Crl.M.C. No.10338 of 2024 3 ORDER Dated this the 14th day of March, 2025 Petitioner is the 3rd accused in Crime No.1880 of 2015 registered at the Ezhukone Police Station for offences punishable under Sections 143, 147, 148, 294(b), 452, 308, 323, 324 and 427 read with Section 149 of the Indian Penal Code. After submission of final report and committal of the case, the case was numbered as S.C.No.615 of 2018 and 1303 of 2018 on the files of the Sessions Court, Kollam. Accused nos. 1, 2 and 6 faced trial in the case and were acquitted as per Annexure-III judgment. The petitioner being absent, case against him was split up and re-filed. The case is now numbered as S.C.No.257 of 2021 of the Assistant Sessions Court, Kottarakkara. The petitioner is seeking to get the proceedings against him quashed on the strength of the judgment of acquittal rendered in the 2025:KER:29433 Crl.M.C. No.10338 of 2024 4 case of his co-accused and settlement of the dispute with the defacto complainant. 2. Heard, learned Counsel for the petitioner, respondents 2 and 3 and the learned Public Prosecutor. 3. Learned Counsel for the petitioner submitted that by reason of the findings in Annexure-III judgment, substratum of the prosecution case is lost and no purpose will be served by continuing the proceedings against the petitioner. Further, the dispute is also settled amicably. 4. Learned Counsel for respondents 2 and 3 submitted that the dispute is settled and his clients are not interested in prosecuting the petitioner. 5. Learned Public Prosecutor also submitted that the defacto complainant and injured witnesses have given statements regarding settlement. 6. A perusal of paragraph no.7 of Annexure-III judgment reveals that, of the 9 witnesses cited by the 2025:KER:29433 Crl.M.C. No.10338 of 2024 5 prosecution, only 4 were examined and even PWs 1 and 2, the alleged victims, did not support the prosecution case. The trial court therefore came to the correct conclusion that the prosecution had failed to prove the guilty of the accused. 7. In the light of the above findings, with which I am in agreement and the factum of settlement, which is re-iterated by the learned Counsel for respondents 2 and 3 also, continuation of the proceedings against the petitioner will be an empty formality. Hence the Criminal Miscellaneous Case is allowed and all further proceedings in S.C.No.257 of 2021 on the files of the Assistant Sessions Court, Kottarakkara, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE NB/14-3 2025:KER:29433 Crl.M.C. No.10338 of 2024 6 APPENDIX OF CRL.MC 10338/2024 PETITIONER ANNEXURES Annexure-I CERTIFIED COPY OF THE FIR DATED 19.12.2015 IN CRIME NO. 1880/2015 OF EZHUKONE POLICE STATION, KOLLAM. Annexure-II CERTIFIED COPY OF THE FINAL REPORT DATED 14.03.2016 IN CRIME NO. 1880/2015 OF EZHUKONE POLICE STATION, KOLLAM. Annexure-III TRUE COPY OF THE COMMON JUDGMENT IN SC. NO. 615/2018 AND SC NO.1303/2018 DATED 26.11.2024 OF THE ASSISTANT SESSIONS JUDGE, KOTTARAKKARA Annexure-IV TRUE COPY OF THE DEPOSITION DATED 15.11.2024 OF PW1 IN THE JOINT TRIAL OF SC. NO. 615/2018 AND SC NO.1303/2018. Annexure-V TRUE COPY OF THE DEPOSITION OF PW2 DATED 16.11.2024 IN THE JOINT TRIAL OF SC. NO. 615/2018 AND SC NO.1303/2018. TRUE COPY P.A. TO JUDGE