IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 Crl.MC.No. 1302 of 2010() ------------------------------------- C.C. NO.190/2009 OF JUDICIAL FIRST CLAS MAGISTRATE COURT, KUNNAMANGALAM. CRIME NO.105/2008 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE. ............... PETITIONER(S): ACCUSED 1 TO 5,DEFACTO COMPLAINANT AND ANOTHER ------------------------------------------------------------------------------------------------------------- 1. M.K.NAZAR @ NACHI,S/O.MUHAMMED, AGED 36 YEARS,MUKRIKALLU,PO.PUTHIYARA,CALICUT-4. 2. P.K.PRASAD,S/O.PRABHAKARAN.P.K,AGED 35 YEARS,PAIKATTUKAVIL HOUSE,NELLIKODE PO,THRISSUR. 3. A.BABU @ BABURAJ,S/O.GOVINDAN AGED 40 YEARS,,ADIYOTTIL HOUSE, PUTHIYARA PO, KOZHIKODE. 4. SATHYAN.A,S/O.SUKUMARAN,AGED 37 YEARS, ALANGATTU HOUSE,PUTHIYARA PO,KOZHIKODE. 5. SHIJU.P,S/O.LESLIE,AGED 36 YEARS, PUTHIYAPETTANA,PUTHIYARA PO,KOZHIKODE. 6. V.PRADEEP @ PRADEEPAN,S/O.V.VASU,AGED 32 YEARS,VALIYATHODI HOUSE,PATTARAKKARAMAN KUNNU PO,NILAMBUR AMSOM , DESOM,NILAMBUR, MALAPPURAM. 7. SATHEESHAN,S/O.CHATHU @ CHATHAN, AGED 29 YEARS,KANIYATH HOUSE,AYODHYA NAGAR, KUNNAMANGALAM AMSOM DESOM,CALICUT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE ------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1302 of 2010 -------------------------- ORDER Petitioners 1 to 5 are the accused and sixth petitioner, the defacto complainant in C.C.No.190/2009 on the file of Judicial First Class Magistrate's Court, Kunnamangalam, taken cognizance for the offences under Sections 143, 147, 148, 341, 323 and 326 read with Section 149 of Indian Penal Code. Prosecution case is that on 3.3.2008 at about 6.45 p.m., petitioners 1 to 5 formed themselves into an unlawful assembly with the common object of attacking petitioners 6 and 7 and in furtherance of their common object, attacked petitioners 6 and 7, armed with weapons, in the courtyard of Hotel Gayathri International, Kozhikode and caused hurt and grievous hurt and thereby committed the offences. This petition is filed jointly with the defacto complainants, who are also the injured, stating that as the entire disputes were settled amicably, it is not in the interest of justice to continue with the prosecution. CRMC 1302/10 2 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that statement of the sixth petitioner recorded establishes that there has been a complete settlement of all the disputes. Annexure-A1 final report establishes that the offences alleged against petitioners 1 to 5 are purely personal in nature. In view of filing of the petition jointly with the injured, it is clear that they have settled all the disputes. Consequent to the settlement, it is not in the interest of justice to continue the prosecution, as there is no likelihood of a successful prosecution and it will result only in unnecessary waste of valuable time of the court. Petition is allowed. C.C.No.190/2009 on the file of Judicial First Class Magistrate's Court, Kunnamangalam is quashed. 7th September, 2010 (M.Sasidharan Nambiar, Judge) tkv