IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 Crl.MC.No. 4103 of 2010() ----------------------- SC.658/2009 OF PRINCIPAL ASSISTANT SESSIONS COURT, KOZHIKODE ................... PETITIONER(S): ---------------------- 1. RIJITH KRISHNAN, AMBADI HOUSE, THURUTHI P.O., KASARAGOD DISTRICT. 2. ADARSH, MAYOOGHAM, THEKKAYIL PARAMBATHU HOUSE, ONCHIYAM BANK ROAD, CHOMBALA P.O., VADAKARA (VIA). 3. ABHILASH, BANGLAVU PARAMBIL HOUSE, ODAKKAYAM, VETTILAPPARA P.O., AREACODE (VIA), MALAPPURAM DISTRICT. 4. VINU PRASAD, MADATHIL HOUSE, MALAPPARAMBA HOUSING COLONY, P.O.MALAPPARAMBA, KOZHIKODE DISTRICT. 5. PRAPHUL G. DAS, `DAFFODIL', PALLIKKAL P.O., MALAPPURAM DISTRICT. 6. SREENATH K., KUNIYIL HOUSE, EDATHUM KARA, THODANNUR, VATAKARA. 7. SUBEESH P., PAROL HOUSE, NUTSTREET P.O., VATAKARA, KOZHIKODE DISTRICT. 8. SREEGANESH, SREEVIHAR HOUSE, THAROPOYIL POST, THIRUVALLOOR (VIA), VATAKARA. 9. ARUN RAJ, ARUN NIVAS, NEAR GOVERNMENT L.P.S., EZHUKONE P.O., KOLLAM DISTRICT. ...2/- Crl.MC.No. 4103 of 2010() -2- 10. ANOOP K.K., KALAKKANDY HOUSE, KORACHANKANDY PARAMB, ARAKKINAR P.O., KOZHIKODE DISTRICT. 11. VISHNU, SREERANGAM, KARIPUR, MALAYINKEEZHU P.O., TRIVANDRUM-695 571. 12. BIPIN, SURAG HOUSE, ANGADIPPURAM P.O., PERINTHALMANNA, MALAPPURAM DISTRICT-679 321. 13. BINOY, BINOY NIVAS, KUNNAMKUZHI, NEYYATTINKARA, P.O.AMARAVILA, TRIVANDRUM. 14. JATHIN JOSE, POTTACKAL HOUSE, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683 548. 15. NIKHIL P., KOMALAM HOUSE, KARUVANTHIRUTHY, (VIA) FEROKE, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------- 1. KRISHNANUNNI M.A., S/O.ASHOK KUMAR, KOKKUVAYIL HOUSE, SREENARAYANAPURAM P.O., THRISSUR DISTRICT. 2. VISHNU VASUDEVAN, S/O.VASUDEVAN, VISHNUVIJAYAM HOUSE, VADAKKANTHARA, PALAKKAD DISTRICT. 3. SAIDALAVI, S/O.ALAVI, PUTHIYATH HOUSE, V.K.PADY, MAMPURAM P.O., MALAPPURAM DISTRICT. 4. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV. SRI. SAKIR K.H. R4 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4103 OF 2010 =========================== Dated this the 3rd day of November,2010 ORDER Petitioners are the accused and respondents 1 to 3, the de facto complainant and the injured in S.C.658/2009 on the file of Principal Assistant Sessions Court, Kozhikode. Prosecution case is that on 27.3.2008 at about 6.30 p.m. petitioners formed themselves into an unlawful assembly with the common object of causing grievous hurt to the first respondent and in furtherance of the common object armed with deadly weapons committed rioting and attacked respondents 1 and 2 and caused injury and also caused damage to Maruti car KL 11 E.678 belonging to the third respondent and thereby committed offences under sections 143, 147, 148, 324 and 308 read with section 149 of Indian Penal Code. This petition is filed Crl.M.C.4103/2010 2 under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 to 3 appeared through a counsel and filed a joint petition with the petitioners stating that they have settled all the disputes and respondents 1 to 3 have no subsisting grievance against the petitioners and in such circumstances, the case is to be quashed. 3. Learned counsel appearing for petitioners, respondents 1 to 3 and learned Public Prosecutor were heard. 4. The joint petition filed by respondents 1 to 3 with the petitioners establish that they have settled all the disputes with the petitioners. Though an offence under section 308 of Indian Penal code is alleged, it is only based on the allegation that if first respondent has not evaded the overt act, death would have been caused. Actually a Crl.M.C.4103/2010 3 lacerated injury alone was caused. Annexure A1 final report establishes that offences alleged against the petitioners are purely personal in nature against respondents 1 to 3. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature and the disputes were settled amicable between the accused and the injured, it is not in the interest of justice to continue the prosecution especially, when consequent to the settlement there is no likelihood of a successful prosecution and it would result only in unnecessary waste of valuable time of the court. Petition is allowed. S.C.658/2009 on the file of Principal Assistant Sessions Court, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006