IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4626 of 2010 ---------------------------------- [CC.NO.356/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, KOTTARAKKARA, CRIME NO.925/2003 OF KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT] .................... PETITIONERS/ACCUSED 1 & 2: -------------------------------------------- 1. GLANSON @ SIJU, S/O. SEBASTIAN, THURUVAKKATHU VEETTIL, NEAR KAVANADU MADATHIL MOTORS, KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM. 2. DILEEP @ BABU, S/O. SASIDHARAN PILLAI, SANKITHAZHIKATHU VEEDU, MEENATHU CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN. RESPONDENTS/DE-FACTO COMPLAINANT/STATE: ------------------------------------------------------------------------- 1. MOHANAN PILLAI, S/O. GOPINATHA PILLAI, CHALUKONAM, VATTAVILA PUTHENVEEDU, NEAR KAVU, NEDUVATHOOR VILLAGE, KOLLAM DISTRICT. 2. THE STATE OFKERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.BABY JOSE, R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4626 OF 2010 --------------------------------------------- Dated 24th November, 2010 O R D E R Petitioners are the accused and first respondent, the de facto complainant in C.C.356/2007 on the file of Judicial First Class Magistrate's Court-I, Kottarakkara, taken cognizance for the offence under Sections 341 and 324 read with Section 34 of Indian Penal Code on Annexure-A2 final report. Petition is filed under Section 482 of Code of Criminal Procedure contending that entire disputes were settled amicably with the first respondent, evidenced by Annexure-A3 agreement and therefore, it is not in the interest of justice to continue the prosecution. Crmc 4626/10 2 2. First respondent appeared through a counsel and filed Crl.M.A.7444/2010, seeking permission to accept the settlement and quash the proceedings contending that first respondent has settled all the disputes with the petitioners. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A2 final report establishes that offences alleged against the petitioners are purely personal in nature, against the first respondent. Affidavit filed by the first respondent establishes that he has settled all the dispute with the petitioners. In view of the decision of 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 Crmc 4626/10 3 continue the prosecution. Petition is allowed. C.C.356/2007 on the file of Judicial First Class Magistrate's Court-I, Kottarakara is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.