JOSE Vs. SHIJO

JUDGEMENT

(1.) Petitioner was the eighth accused in CC 864/2004 on the file of Judicial First Class Magistrate I, Chalakudy. Prosecution case was that due to political enmity towards first respondent, 13 accused formed themselves into an unlawful assembly and in furtherance of their common object trespassed into the house of first respondent and exploded explosives and pelted granite stones at respondents 2 and 3 and inflicted hurt and thereby committed offences under S.143, 147, 148, 427, 452 and 323 read with S.149 of Indian Penal Code and S.9(B)(2) of Explosives Act. As petitioner and third accused were absconding the case as against them was split up and refiled and others were triad by the learned Magistrate. Under Annexure D judgment learned Magistrate found the other accused not guilty and acquitted them. When presence of third accused was procured, he was tried in CC 1534/2007 after refiling the case as against the petitioner. Under Annexure E judgment third accused was also acquitted. Case as against petitioner is now pending as CC 71/2009. This petition is filed under S.482 of Code of Criminal Procedure to quash the said case contending that in view of the acquittal of the coaccused and also because of the settlement arrived between respondents 1 to 4 and petitioner, there is no chance of a conviction and in such circumstances, in the interest of justice, the case is to be quashed.

(2.) Respondents 1 to 4 appeared through a counsel and each of them filed separate affidavits stating that disputes with the petitioner was settled and therefore they have no objection for quashing the proceedings as against the against the petitioner.

(3.) Learned counsel appearing for petitioner, respondents 1 to 4 and learned Public Prosecutor were heard.