IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 2099 of 2009() 1. YOONUS KUNJU, S/O.ALI KUNJU, Petitioner 2. RAHIM, S/O.ABDUL KHAREEM, 3. JAMALUDHEEN, S/O.ALI KUNJU, 4. KOYAKUTTY @ KOYAKUNJU, S/O.ALI KUNJU, Vs 1. NASAR, S/O.JAMALUDHEEN KUNJU, Respondent 2. STATE OF KERALA THROUGH For Petitioner :SRI.SUNNY MATHEW For Respondent :SRI.SAKIR.K.H. The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR Dated :16/07/2009 O R D E R [ENTITY], J. [CASE NUMBER] ORDER
Petitioners are the accused in [CASE NUMBER] on the file of Judicial First Class Magistrate's Court, Karunagappally. This petition is filed under [SECTION] of [ACT] to quash the case as against the petitioners contending that there was a settlement of all the disputes with the first respondent/defacto complainant and therefore, in the interest of justice, the case is to be quashed.On Annexure-A1 complaint learned Magistrate took cognizance of the offences under [SECTION], [SECTION], [SECTION] and [SECTION] of [ACT].
2. Prosecution case is that on 11.7.2008 at about 11.30 p.m., petitioners, in furtherance of their common intention to cause hurt to first respondent, beat him with iron rods and thereby committed the offences. Along with the petition, a joint petition is filed by the petitioners and first respondent stating that they have amicably settled all the disputes and they have compounded the offences. But, an offence under [SECTION] is not compoundable and therefore, it is not permissible to compound the offence under [SECTION] of [ACT]. It is for that reason, this petition is filed under [SECTION] of [ACT] to quash the case as against the petitioners, in view of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19(SC and in Manoj Sharma v. State (2008 (4) KLT 417(SC .
3. Learned counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard.
4. As is clear from the joint statement filed by the petitioners and first respondent, there is an amicable settlement of all the disputes between the petitioners and first respondent. Annexure-A1 final report establishes that the offences alleged against the petitioners are purely of personal nature. In such circumstances, when the disputes are settled between the parties and when there is no chance of a successful conviction of the petitioners, even if they are tried and it would result only in unnecessary waste of valuable time of the court, the case is to be quashed.
In such circumstances, petition is allowed. [CASE NUMBER] on the file of Judicial First Class Magistrate's Court, Karunagappally as against the petitioners is quashed.
16th July, 2009 ([ENTITY], Judge) tkv