IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 3613 of 2009() ------------------------- CC.472/2006 of JUDL. FIRST CLASS MAGISTRATE COURT, KOLENCHERRY .................... (CRIME NO.254/2004 OF KUNNATHUNADU POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. PAREETH SHAFEEQ, S/O.MOIDEEN, THAMPATH HOUSE, KOTTAYI BHAGOM, CHENGAMANADU VILLAGE,ALUVA TALUK. 2. IRSHAD, S/O.HAMEED, KEETHOLIL HOUSE, PUTHUVASSERI KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. 3. SANEESH, S/O.HARI, THATTANPARAMBIL HOUSE, PUTHUVASSERI KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. 4. SHAMEER, S/O.BASHEER, ELAMANA HOUSE, PARAMBAYAM BHAGOM, CHENGAMANADU VILLAGE, ALUVA TALUK. 5. SANOOP, S/O.ABDUL KAREEM, PEEDIKAPARAMBIL HOUSE, PUTHUVASSERI KARA, CHENGAMANADU VILLAGE, ALUVA TALUK. BY ADV.MR.SIRAJ KAROLY RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. RAHEEM, S/O.ALIYAR, MATHRUKKATTU HOUSE, BRAHMAPURAM KARA, PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK. 3. KAREEM, S/O.MUSTHAFA, PADATHIKKARA HOUSE, BRAHMAPURAM KARA, PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 & R3 BY ADV. MR.PAUL K.VARGHESE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3613 OF 2009 ------------------------------------------ Dated 10th December 2009 O R D E R Petitioners are accused and respondents 2 and 3, the de facto complainants in C.C.472/2006 on the file of Judicial First Class Magistrate, Kolencherry, taken cognizance for the offence under Section 379 read with Section 34 of Indian Penal Code on Annexure-II final report. Prosecution case is that on the night of 18/9/2004, in furtherance of their common intention all the accused together committed theft of ten iron sheets and shutters belonging to respondents 2 and 3. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and its further proceedings contending that entire disputes were settled amicably with respondents 2 and 3. 2. Respondents 2 and 3 appeared through a counsel and filed joint statement along with petitioners to the effect that entire disputes were settled amicably and consequent to the settlement, they have no grievance against the petitioners and they have no objection for quashing the proceedings. 3. Learned counsel appearing for Crmc 3613/09 2 petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure-II final report shows that the offence alleged against the petitioners is purely personal in nature on the allegation that articles belonging to respondents 2 and 3 were stolen by the petitioners, in furtherance of their common intention. When joint statement filed by respondents 2 and 3 with the petitioners establishes that entire disputes were settled amicably between them and consequent to the settlement, respondents 2 and 3 have no subsisting grievance against the petitioners, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of justice to continue the prosecution, as chances of a successful prosecution is very bleak. Petition is allowed. C.C.472/2006 on the file of Judicial First Class Magistrate, Kolencherry is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.