IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Crl.MC.No. 548 of 2010 -------------------------------- [C.C.NO.148/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, THAMARASSERY] .................... PETITIONERS/DEFACTO COMPLAINANT: ----------------------------------------------------------- 1. SEENATH,W/O.IBRAHIMKUTTY,AGED 33 YEARS, VATTIKUNNUMMEL HOUSE,KEDAVOOR AMSOM,EARPPONA DESOM, KOZHIKODE DISTRICT. 2. IMBICHAYISHA,W/O.AHAMMEDKUTTY,RESIDING -DO- 3. KADEEJA,W/O.KUNHAYINKUTTY,AGED 60 YEARS, RESIDING DO. BY ADV. MR.T.G.RAJENDRAN. RESPONDENT/ACCUSED/STATE: ------------------------------------------------ 1. MUHAMMED.P.P,S/O.MOOSA HAJI, POONTHOTTAMPOYIL,THACHAMPOYIL,THAMARASSERY. 2. ISMAIL.P.O,RESIDING -DO- 3. ABDUL ASEES.C.K,S/O.HASSAN, CHUNDAKUNNUMMAL HOUSE,THAMARASSERY. 4. ABDUL GAFOOR,S/O.MOIDEEN KUNHI, CHALUMPATTIL HOUSE,THAMARASSSERY. 5. RIYAS.K,S/O.MUHAMMED,KANNIYERUPPIL HOUSE, THACHAMPOYIL.P.O,THAMARASSERY. 6. V.C.ALI,S/O.KUNNAHAMMED,VADIKKAL HOUSE, THAMCHAMPOYIL.P.O,THAMARASSERY. CRL.M.C. NO. 548/2010: 7. SHABEER,S/O.ABOOBACKER,CHALUMPATTIL HOUSE,THAMARASSERY. 8. ABDUL BARI,S/O.MUHAMMED,CHEMBAYIL HOUSE, THAMARASSERY. 9. GIREESH KUMAR,S/O.KARUNAKARAN, PARAPPIL HOUSE, UNNIKULAM.P.O,THAMARASSERY. 10. BIJU.P,S/O.KELAPPAN,PARAPPIL HOUSE, UNNIKULAM,THAMARASSERY. 11. SUB INSPECTOR OF POLICE,THAMARASSERY POLICE STATION. 12. STATE, REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 TO R10 BY ADV. MR.CIBI THOMAS, R.11 & R.12 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.548 of 2010 -------------------------- ORDER Petitioners are the defacto complainants in C.C.No.148/2008 on the file of Judicial First Class Magistrate's Court-I, Thamarassery, taken cognizance for the offences under Sections 143, 147, 148, 324, 427 and 506(i) read with Section 149 of Indian Penal Code on Annexure-I final report. Annexure-I final report shows that prosecution case is that on 12.2.2008 at about 3 p.m., the ten accused, along with fifteen other unidentified persons, formed themselves into an unlawful assembly with the common object of causing damages to the house of the first petitioner and in furtherance of their common object, armed with swords, iron rods and stones, trespassed into the house of the first petitioner and pelted stones at the house and broke the glasses and thereby, caused a loss of Rs.800/- and threatened the first CRMC 548/10 2 petitioner that he will be killed and also caused simple hurt to the petitioners and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently entire disputes between the parties were settled amicably and consequent to the settlement, petitioners have no grievance against the accused and to maintain harmony and cordiality in the locality, it is necessary to quash the proceedings. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure-I final report establishes that the case as against the accused is that they, along with fifteen others, formed themselves into an unlawful assembly and trespassed into the house of the first petitioner, armed with weapons and threatened the first petitioner and caused damages of Rs.800/- by breaking the glasses of the house CRMC 548/10 3 and also caused hurt to the petitioners. It is the very same petitioners, who approached the court to quash the proceedings contending that there was an amicable settlement of all the disputes and consequent to the settlement, they have no grievance against the accused. As the offences alleged are purely personal in nature and it is clear that there has been a settlement of all the disputes, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.148/2008 on the file of Judicial First Class Magistrate's Court-I, Thamarassery is quashed. 17th February, 2010 (M.Sasidharan Nambiar, Judge) tkv