MUHAMMED BABU, S/O. KOYA MIG QUARTERS, KAKKANADU THRIKKAKKARA VILLAGE, ERNAKULAM DISTRICT Vs. NAJEEB, AGED 38, S/O. LATE YOUSEPH, PUTHENPURAPARAMBU, CHERAKUZHI, ELOOR EAST ERNAKULAM DT.-683 501,

JUDGEMENT

(1.) PETITIONER is one among the accused (A5) in a crime registered at Eloor Police Station for various offences under the Indian Penal Code. On the report filed after investigation, when trial proceeded against the co accused, he remained at large and the case against him was split up and, later, included in the long pending cases as L.P No. 32 of 2008 on the file of Judicial First Class Magistrate Court, North Paravur. The trial against the co accused ended in their acquittal. Petitioner thereafter moved the present petition with affidavits sworn to by the de facto complainant and two other charge witnesses, CW2 and CW3, stating that they have settled the matter, for quashing the criminal proceedings against him. An enquiry was directed to be conducted by the Magistrate as to the settlement purported to have been effected by the de facto complainant and the witnesses referred to above as recorded in the affidavits sworn to by them. The Magistrate, after conducting the enquiry, has reported that the parties have voluntarily settled the matter. Crime was registered over an occurrence which took place on 16 -06 -2000.Trial against all other co accused has ended in order of acquittal. Though the trial has not proceeded against the present petitioner, whatever be the reasons for his absence, the time lag after registration of the crime with the added circumstances that the material prosecution witnesses are no longer interested in prosecuting the case against the petitioner has to be taken note of in considering the request for quashing the proceedings. The conduct of the petitioner keeping aloof from the court when the trial proceeded against the co accused cannot be approved of, still, I find, on the circumstances presented, a successful prosecution against him for the offences imputed may not be possible in view of the settlement between the parties. Taking note of that circumstance with the time lag after the registration of the crime, the criminal proceedings against the petitioner in L.P No. 32 of 2008 on the file of the Judicial First Class Magistrate Court, North Paravur are quashed under Section 482 of the Code of Criminal Procedure.