IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Crl.MC.No. 3572 of 2009() ---------------------------------- CRIME NO.287/2009 OF ERAVIPURAM POLICE STATION ........ PETITIONER(S): ACCUSED ----------------------- 1. SHAJU, S/O. SHANMUGHAN, AGED 31 YEARS, EDAKKUNNAM LAKSHAM VEEDU, PAVITHRAM NAGAR, ERAVIPURAM, KOLLAM. 2. SHYAM KUMAR, AGED 27 YEARS, S/O.MOHANAN, EDAKKUNNAM LAKSHAM VEEDU, PAVITHRAM NAGAR, ERAVIPURAM, KOLAM. BY ADVS.MR. K.SIJU MR.A.MUHAMMED RAFFI RESPONDENT(S): COMPLAINANT & STATE ------------------------- 1. BABUJI, S/O. GOPALAN, AGED 52 YEARS, THITTAYIL VEEDU, NETHAJI NAGAR, NO. 213, AKKOLIL CHERRY, ERAVIPURAM VILLAGE, KOLLAM DIST. 2. AJAY BABUJI, S/O.BABUJI, AGED 23 YEARS, THITTAYIL VEEDU, NETHAJI NAGAR, NO. 213, AKKOLIL CHERRY, ERAVIPURAM VILLAGE, KOLLAM DIST. 3. STATE OF KERALA, REP. BY SI OF POLICE, ERAVIPURAM, POLICE STATION THROUGH PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM. R1 R2 BY ADVS.MR. RAM MANOJ.A.S , MR.PRATHEESH.P . R3 BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3572 OF 2009 ------------------------------------------ Dated 18th November 2009 O R D E R Petitioners are accused in crime No.287/2009 of Eravipuram police station registered under Annexure-1 FIR for the offences under Sections 341, 323, 324, 326, 294(b) read with Section 34 of Indian Penal Code. Subsequently Annexure-2 report was filed by Sub Inspector of police, Eravipuram stating that offence under Section 379 is not involved and instead offence under Section 326 of Indian Penal Code was committed and therefore, offence under Section 379 of Indian Penal Code is deleted and incorporating the offence under Section 326 of Indian Penal Code, the and case is being investigated. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 1 and 2 were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Annexure-1 FI statement and FIR show Crmc 3572/09 2 that prosecution case was that on 28/6/2009, while de facto complainant, the first respondent and his son second respondent were proceeding in a motor bike, second respondent as the rider and first respondent as the pillion rider, at about 5 p.m when it reached near Govt.High School, Valathungal, petitioners came in another motor bike from opposite side and wrongfully restrained respondents 1 and 2 and voluntarily caused hurt to respondents 1 and 2 and thereby committed the offences. 3. Respondents 1 and 2 appeared through a counsel and first respondent filed an affidavit stating that entire disputes were settled amicably and consequent to the settlement, respondents 1 and 2 have no objection for quashing the proceedings. 4. Crl.M.A.6141/2009 is jointly filed by respondents 1 and 2 and the petitioners seeking permission to compound the offence under Section 320 of Code of Criminal Procedure. As the offences include an offence under Section 326 of Indian Penal Code, which is not compoundable under Section 320 of Code of Criminal Procedure, permission cannot be granted to compound the offence and Crl.M.A.6141/2009 can only be Crmc 3572/09 3 dismissed. 5. Learned counsel appearing for the petitioners, respondents 1 and 2 and learned Public Prosecutor were heard. 6. Annexure-1 FIR shows that allegations against the petitioners is that they committed the offence which are purely personal in nature as against respondents 2 and 3. Affidavit and joint statement filed by respondents 1 and 2 establish that there was an amicable settlement of all the disputes with the petitioners. In such circumstances, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.287/2009 of Eravipuram police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.