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Judgment
A. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure 1 FIR, Annexure 2 Final Report and all further proceedings in C.C.No.3049/2020 on the files of the Judicial First Class Magistrate Court-1, Karunagappally, Kollam, arose out of Crime No.202/2014 of Oachira Police Station, Kollam District and the petitioner herein is the 3rd accused.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.
In this case, the allegation of the prosecution is that, during the first week of December, 2012, the 1st accused snatched away one gold chain, weighing one sovereign, worn by the mother of the 3rd respondent/de facto complainant herein. The specific allegation is that, the Bike, bearing Registration No.KL 23/F-1587, driven by the 2nd accused, where the 1st accused was the pillion rider, was entrusted by the 3rd accused. Thus, the prosecution alleges commission of offence punishable under Section 394 r/w Section 34 of the IPC, by accused Nos.1 to 4.
According to the learned counsel for the petitioner, when the 4th accused was tried, PW1, the de facto complainant and other witnesses turned hostile and accordingly, the 4th accused was acquitted. It is pointed out that, since the only allegation against the 3rd accused is that, he had supplied the Bike to accused Nos.1 and 2, he is not liable to be prosecuted, particularly, in view of the fact that the occurrence witness turned hostile to the prosecution, when the 4th accused was tried. It is also submitted by the learned counsel for the petitioner that, apart from that, the 3rd respondent herein/the son of the de facto complainant filed affidavit, stating that he has no grievance in this matter as against the petitioner and the matter can be settled.
On perusal of the judgment in C.C.No.1018/2014, dated 8.10.2020, the 4th accused alone was tried after re-filing cases against accused Nos.1 to 3. As far as the role of the 3rd accused is concerned, he alleged to have supplied the Bike to accused Nos.1 and 2, after obtaining the same from the 7th witness, the 7th witness turned hostile to the prosecution, having denied the said version.
In view of acquittal of the 4th accused, for want of evidence, the case against the 3rd accused can be quashed, after holding that, quashment of case against the 3rd accused by itself, is not a ground to grant quashment to accused Nos.1 and 2, who actually participated in the crime and recovery of the gold ornament, also was effected at their volition, for which, trial may be necessary.
Holding so, this Criminal Miscellaneous Case stands allowed. Annexure 1 FIR, Annexure 2 Final Report and all further proceedings in C.C.No.3049/2020 on the files of the Judicial First Class Magistrate Court-1, Karunagappally, Kollam, arose out of Crime No.202/2014 of Ochira Police Station, Kollam District, against the petitioner herein, stand quashed, while allowing trial to continue as against accused Nos.1 and 2.