IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Crl.MC.No. 3330 of 2009() ------------------------------------ CRIME NO.173/2009 OF TALIPARAMBA POLICE STATION. ----------- PETITIONERS/ACCUSED: ----------------------------------- 1. UPPUVALAPPIL AMINA, W/O.MUSTHAFA K.K., AGED 39 YEARS, SHANTHIGIRI, THIMIRI AMSOM, DESOM, THALIPARAMBA TALUK, KANNUR (DIST.). 2. UPPUVALAPPIL SAINABHA, D/O.MUSTHAFA K.K., AGED 19 YEARS, SHANTHIGIRI, THIMIRI AMSOM, DESOM, THALIPARAMBA TALUK, KANNUR (DIST.). BY ADV. MR.P.BABU RESPONDENTS/DEFACTO COMPLAINANT: ------------------------------------------------------------- 1. MOIDU, S/O.ALI HAJI, AGED 32 YEARS, ADVOCATE, KUTTUKKAN HOUSE, NEAR MADRASA, TALIPARAMBA AMSOM, DESOM, KANNUR (DIST.). 2. STATE OF KERALA REPRESENTED BY COURT OF KERALA, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 BY ADV. MR.RAJAN KUDUMBATHIL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3330 OF 2009 ------------------------------------------ Dated 27th October 2009 O R D E R Petitioners are accused in C.P.75/2009 on the file of Judicial First Class Magistrate, Taliparamba taken cognizance on Annexure-AII final report for the offences under Sections 323, 308, 506(i) and 427 read with Section 34 of Indian Penal Code. Prosecution case is that on 27/3/2009 at about 12.30 p.m while first respondent, the de facto complainant who is the plaintiff in O.S.195/2009 on the file of Munsiff court, Taliparamba was assisting advocate commissioner appointed to inspect the property, in furtherance of their common intention petitioners abused him in filthy language and first petitioner caught hold of the right hand of first respondent and rotated it and beat him with his hands and tried to pour kerosene and set fire with a cigar light and thereby committed the offences under Sections 323, 308, 506(i), 294(b), 427 read with Section 34 of Indian Penal Code. This petition is Crmc 3330/09 2 filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with first respondent were settled out of court and in the light of the settlement it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure-AIV affidavit stating that entire disputes with the petitioners were amicably settled out of court and he has no subsisting grievance as against him and hence he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-AII final report shows that allegation raised against the petitioners is that they attacked first respondent and inflicted injuries and attempted to pour kerosene and set fire. The offences alleged are purely personal as against first respondent. Affidavit filed by the first respondent with the submission of the petitioners establish that there was an amicable settlement of all the disputes. Though offence under Section 308 of Indian Penal Code Crmc 3330/09 3 is also alleged, which in the ordinary course cannot be quashed invoking the extra ordinary powers under Section 482 of Code of Criminal Procedure, the wound certificate made available by the learned Public Prosecutor establish that no grievous hurt was caused to the first respondent. In such circumstances, when there was a complete settlement of all the dispute with the petitioners and de facto complainant and consequent to the settlement possibility of a successful prosecution is very bleak. It is not in the interest of justice to continue the prosecution as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC). It would only yield unnecessary waste of valuable time of the court. In such circumstances, in the interest of justice the proceedings is to be quashed. Petition is allowed. C.P.75/2009 on the file of Judicial First Class Magistrate, Taliparamba (crime No.173/2009 of Taliparamba police station) is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.