IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.MC.No. 3320 of 2009() --------------------------------------- C.C. NO.82/2008 OF THE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ........ PETITIONER(S): ACCUSED ---------------------- 1. SHYAM KUMAR, SON OF SIVALOKANATHAN, ASHA NIVAS, EROOR P.O., TRIPUNITHURA. 2. ANIL RAM, SON OF RAMANATHA MENON, ATTUPURATH HOUSE, EROOR, TRIPUNITHURA. 3. SASIKUMAR, SON OF ARAVINDAKSHA MENON, PADASSERIL HOUSE, EROOR, TRIPUNITHURA. 4. KRISHNA KUMAR @ RAJEEVAN, SON OF RADHAKRISHNAN, MOOKKANCHERIL HOUSE, EROOR, TRIPUNITHURA. 5. RAJESH, SON OF RADHAKRISHNAN, MOOKKANCHERIL HOUSE, EROOR, TRIPUNITHURA. 6. SREEKUMAR, SON OF NARAYANAN KUTTY, THITTAYIL PARAMBIL VEEDU (MORAKKETTU), EROOR, TRIPUNITHURA. 7. VINOD, SON OF NANAPPAN, THITTAYIL PARAMBIL VEEDU, EROOR, TRIPUNITHURA. 8. RAJESH, SON OF VENUGOPAL, SREERANGAM, EROOR, TRIPUNITHURA. BY ADV. MR.V.G.ARUN CRMC. 3320/2009 RESPONDENT(S): COMPLAINANT AND DEFACTO COMPLAINANTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. T.K.AJITH, SON OF KARUNAKARAN, THRIKKEKKATTIL HOUSE, EROOR, TRIPUNITHURA. 3. SANTHOSH, SON OF SREEDHARAN, NIKATHIL HOUSE, PALLIMITTOM, EROOR, TRIPUNITHURA. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI R2 & R3 BY ADV. MR.ANEESH JOSEPH FOR R2 & 3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3320 OF 2009 ------------------------------------------ Dated 19th October 2009 O R D E R Petitioners are the accused in C.C.82/2008 on the file of Additional Chief Judicial Magistrate, Ernakulam taken cognizance for the offences under Sections 143, 144, 147, 148, 323, 324 and 452 read with Section 149 of Indian Penal Code on Annexure-I final report submitted by the Sub Inspector of Police, Hill Palace Police Station, Thripunithura. Prosecution case is that petitioners formed themselves into an unlawful assembly on 19/5/2007 at about 11.30 p.m and in furtherance of the common object trespassed into the house where second respondent has been residing and inflicted injuries on respondents 2 and 3 and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the final report and the proceedings initiated contending that the entire disputes with respondents 2 and 3 were settled amicably and in view of the settlement, it is not in the interest of justice to CRMC 3320/09 2 continue with the prosecution. 2. Respondents 2 and 3 appeared through a counsel and both of them filed separate affidavits to the effect that police has registered the case on their complaint and subsequently, differences of opinion with petitioners lead to the complaint and disputes were settled amicably and they are now living as friends and in such circumstances, they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure-I final report establishes that the offences alleged against petitioners are purely personal in nature as against respondents 2 and 3. Affidavit filed by respondents 2 and 3, who are the injured and the de facto complainant, establish that there was a complete settlement of the disputes between petitioners and respondents 2 and 3. It is clear that consequent to the settlement, even if petitioners are to be tried, there is no likelihood of a conviction. In such circumstances, even if petitioners are to be directed to undergo the ordeal CRMC 3320/09 3 of trial it would only result in unnecessary waste of valuable time of the court. Hence, it is not in the interest of justice to continue the proceedings as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC). Petition is allowed. C.C.82/2008 on the file of Additional Chief Judicial Magistrate, Ernakulam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.