IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4718 of 2010() ----------------------------------- CC.1080/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER/ACCUSED -------------------------------- SALAHUDHEEN, S/O.IBRAHIM KUNJU, S.N. MANZIL, PACHIRA, PALLICHA VEEDU MURI, PALLIPURAM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE AND CW1. ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. IQBAL @ PATTARU, AGE 44, (CW1), S/O.SALEEM, T.C.49/447 (1), AL-AMINA, KALIPPAMKULAM, MANACAUD VILLAGE, PIN-695 032. R1 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. R2 BY ADV. MR.K.K. DHEERANDRA KRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4718 of 2010 -------------------------- ORDER Petitioner is the accused and second respondent, the defacto complainant in C.C.No.1080/2009 on the file of Judicial First Class Magistrate's Court-II, Attingal, taken cognizance for the offences under Sections 323, 324, 427 and 294(b) of Indian Penal Code on Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the second respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioner amicably and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. CRMC 4718/10 2 4. Annexure-A final report shows that offences alleged against the petitioner are purely personal in nature against second respondent. Affidavit filed by the second respondent establishes that he has settled all the disputes with the petitioner. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioner are purely personal in nature and all the disputes were settled amicably between the petitioner and second respondent and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1080/2009 on the file of Judicial First Class Magistrate's Court-II, Attingal is quashed. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv