IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.MC.No. 1577 of 2010() ------------------------------------ CRIME NO.276/2010 OF MUNAMBOM POLICE STATION, ERNAKULAM DIST. ........... PETITIONER(S): ACCUSED 1-6 ------------------------------------------- 1. BINEESH,AGED 21 YEARS, S/O.SASI KIZHAKKEDATH HOUSE,CHERAI KARA, PALLIPURAM,ERNAKULAM DISTRICT. 2. SARATH,AGED 21 YEARS,S/O.SIVAN PULICKAL, CHERAI KARA,PALLIPURAM,ERNAKULAM DISTRICT. 3. ANTONY,AGED 21 YEARS,S/O.THOMAS, KOLLATTUPURATH, CHERAI KARA,PALLIPURAM,ERNAKULAM DISTRICT. 4. VAISAKH,AGED 21 YEARS,S/O.THAMPI, PANDIKASHALACKAL, CHERAI KARA,PALLIPURAM,ERNAKULAM DISTRICT. 5. DILJITH,AGED 20 YEARS, S/O.JOY VALIYAVEETTIL, CHERAI KARA,PALLIPURAM,ERNAKULAM DISTRICT. 6. NIKHIL RAJ,AGED 21 YEARS, S/O.RAJAN VALIYAVEETTIL, CHERAI KARA,PALLIPURAM,ERNAKULAM DISTRICT. BY ADV. SRI.AMJAD ALI RESPONDENT(S): STATE/DEFACTO COMPLAINANT & INJURED -------------------------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, MUNAMBOM POLICE STATION, ERNAKULAM DIST. CRMC. NO.1577/2010 2. SIJU,AGED 28 YEARS, S/O.KESAVAN,KUDUVANGASSERIL HOUSE,PALLIPURAM VILLAGE,CHERAI,ERNAKULAM DIST. 3. SINOJ AGED 24 YEARS, S/O.KESAVAN,KUDUVANGASSERIL HOUSE,PALLIPURAM VILLAGE,CHERAI,ERNAKULAM DIST. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM ADV. SRI.MANSOOR B.H. FOR R2-3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1577 of 2010 -------------------------- ORDER Petitioners are the accused in Crime No. 276/2010 of Munambam Police Station, registered under Annexure-1 FIR for the offences under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of Indian Penal Code. Prosecution case is that on 4.4.2010 at about 6.15 p.m., while one of the accused was riding the motor cycle rashly and negligently, second respondent asked him to be careful, which was not liked by him and when the second respondent, along with the third respondent, was proceeding to the temple, all the accused, due to the said enmity, formed themselves into an unlawful assembly, with the common object of causing injuries to respondents 2 and 3, hit respondents 2 and 3 on their head with stones and inflicted injuries. It is alleged that if the second respondent has not evaded while he was nit CRMC 1577/10 2 with the stone, his death would have been caused and therefore, an offence under Section 308 of Indian Penal Code is also incorporated. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 2 and 3, the injured, were settled amicably. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners and therefore, 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. Learned Public Prosecutor made available the wound certificates of respondents 2 and 3 as well as the discharge summary issued from Amrita Hospital, where respondents 2 and 3 were treated consequent to the injuries sustained. CRMC 1577/10 3 5. The wound certificates and the discharge summary establish that respondents 2 and 3 did not sustained any grievous hurt and though injuries were sustained on the head, there was no head injury. Considering the entire facts and circumstances of the case, it is absolutely clear that no purpose will be served by continuing with the prosecution especially when the entire disputes with respondents 2 and 3, the injured, were settled amicably. As the offences alleged are purely personal in nature, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.276/2010 of Munambam Police Station is quashed. 3rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv