IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 890 of 2010() ------------------------ LPC.23/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PONNANI .................... (CRIME NO.53/1997 OF PERUMBADAPPU POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. YOUSAF K.V., S/O.KUNHIMON, KUNNATHUVALAPPIL HOUSE, PERUMBADAPPU, CHERAVALLUR, MALAPPURAM DISTRICT. 2. LATHEEF P., S/O.BAPPU HAJI, PANAKKAD HOUSE, PERUMBADAPPA, CHERAVALLUR, MALAPPURAM DISTRICT. 3. SHAJIMON, S/O.ABDU RAHIMAN, PANAKKAD HOUSE, PERUMBADAPPA, CHERVALLUR, MALAPPURAM DISTRICT. 4. SHAMEER, S/O.MOIDU, MOOCHIKOOTTATHIL HOUSE, PERUMBADAPPA, CHERVALLUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE /& DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PERUMBADAPPU POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. PULLUVALAPPIL HYDER, S/O.HASSAINAR, PERUMBADAPPU, CHERAVALLUR, PONNANI TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. S.U.NAZAR R2 BY ADV. SMT.VRINDA PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.890 OF 2010 --------------------------------------------- Dated 8th April 2010 O R D E R Petitioners are the accused 1,2,5 and 6 in C.C.69/1997 on the file of Judicial First Class Magistrate, Ponnani. As petitioners were absconding, case against them were split up and re-filed and subsequently removed to the register of long pending cases as L.P.23/2006. Accused 3 and 4 were tried and were acquitted. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings against the petitioners contending that first respondent de facto complainant has settled all the disputes with the petitioners and therefore, it is not in the interest of justice to continue Crmc 890/10 2 the prosecution. First respondent appeared through a counsel and filed an affidavit stating that the incident arose out of personal rivalry of the accused with him and he has settled entire disputes with the accused and he has no subsisting grievance against them and therefore, he has no objection for quashing the proceedings. 2. Annexure A final report submitted by the police on which cognizance was taken by the learned Magistrate, show that prosecution case is that at about 6.30 p.m on 16/4/1997 the seven accused formed themselves into an unlawful assembly with the common object of committing trespass into the property of the second respondent and in furtherance of common object they trespassed into the property of second Crmc 890/10 3 respondent in R.S.No.220/1 and scolded him using obscene words and also threatened him by showing a knife that he will be murdered and thereby committed the offences under Sections 143, 147, 148, 447 and 506(ii) read with Section 149 of Indian Penal Code. Offences alleged against the petitioners are purely personal in nature as against second respondent. Affidavit filed by the second respondent establishes that entire disputes with petitioners were settled amicably. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC ) when all the disputes between the petitioners and second respondent were amicably settled and consequent to the settlement, there is no likelihood of a successful prosecution, it is not in the Crmc 890/10 4 interest of justice to continue the prosecution. Petition is allowed. L.P.23/2006 on the file of Judicial First Class Magistrate, Ponnani is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.