IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 3062 of 2009() ------------------------- CP.16/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY C.P.91/07 OF KODUVALLY POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- 1. MOHAMMED ALIAS MULLA MOHAMMED, S/O.ABDURAHIMAN KUTTY, 26 YEARS, KAKKANDATHIL, KODUVALLY AMSOM DESOM, KOZHIKODE TALUK. 2. GAFOOR ALIAS CHATTY GAFOOR, S/O.MOHAMMED, 26 YEARS, LAMPORATH, PARAMBATHKAVU AMSOM DESOM. 3. NAUFAL, S/O.ABOOBACKER, 23 YEARS, KEEPOYIL, KODUVALLY AMSOM DESOM, KOZHIKODE TALUK. 4. ABBAS, S/O.YOUSUF, AGED 26 YEARS, MANATHANKANDI, KARUVANPOYIL, KOZHIKODE TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): COMPLAINANT AND DE FACTO COMPLAINANT --------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED, S/O.ABDU, KEEZHPOYIL, KODUVALLY AMSOM, CHUNDAMPURAM DESOM, KOZHIKODE-673 572. ADV. SRI.B.HARISH KUMAR FOR R2 R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: uj. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3062 OF 2009 =========================== Dated this the 5th day of October,2009 ORDER Petitioners are the accused and second respondent the de facto complainant and the injured in C.P.16/2009 on the file of Judicial First Class Magistrate Court-I, Thamarassery taken cognizance on Annexure -2 final report for the offence under sections 341, 324 and 308 read with section 34 of Indian Penal Code. Prosecution case is that on the night of 8.3.2009 at about 10 p.m, while second respondent was proceeding along Sirajpalli mosque road in furtherance of the common intention petitioners attacked and caused hurt to him after wrongfully restraining him and beating with an iron rod and thereby committed the offences. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire disputes with the second respondent were amicably settled and in view of the dictum in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) it is not in the interest of justice to continue the proceedings. Crl.M.C.3062/2009 2 2. Second respondent appeared through a counsel and also filed Annexure 4 affidavit wherein second respondent stated that the incident occurred when there was a scuffle between him and the petitioners due to a heated argument with regard to a pending case and he sustained the injury in that incident and thereafter entire disputes were resolved amicably and no more disputes subsist and in such circumstance, it is not in the interest of justice to continue the proceedings and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and the learned Public Prosecutor were heard. 4. Learned counsel appearing for the petitioners pointed out that though an offence under section 308 of Indian Penal Code is also alleged, as is clear from Annexure 3 wound certificate, only lacerated wounds were caused and when the entire disputes were settled amicably, it is not in the interest of justice to continue the proceedings. Learned Public Prosecutor also submitted that in view of the nature of the injuries and considering the fact that the offence is purely personal as against second respondent and it was settled as evidenced by the affidavit of the second respondent, there is no objection for Crl.M.C.3062/2009 3 quashing the proceedings. 5. When Annexure 2 final report establish that the offences are purely personal as against the second respondent and the affidavit filed by the second respondent establish that there was an amicable settlement of the disputes, as held by the Apex Court in Madan Mohan Abbot 's case (supra) it is not in the interest of justice to continue the proceedings. Moreover, consequent to the settlement, even if petitioners are to be tried, there is no chance of a successful prosecution and it would result only in waste of valuable time of the court. In such circumstance, the proceedings is to be quashed. Petition is allowed. C.P.16/2009 on the file of Judicial First Class Magistrate Court-I, Thamarassery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006 M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. OF =========================== Dated this the day of September,2009 ORDER M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006