IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.MC.No. 535 of 2010() ----------------------------------- (CRIME NO.45/2010 OF PALAKKAD TOWN NORTH POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. VIGNESH, S/O.NAGARAJAN, AGED 24 YEARS, ERUMAKKARA STREET, G.B.ROAD, PALAKKAD. 2. SARAVANAN, S/O.NAGARAJAN, AGED 26 YEARS, ERUMAKKARA STREET, G.B.ROAD, PALAKKAD. 3. HARIHARAN, S/O.NAGARAJAN, AGED 28 YEARS, ERUMAKKARA STREET, G.B.ROAD, PALAKKAD. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. RAJESH, S/O.RAGHAVAN, KAKKANI HOUSE, KALLEKULANGARA, PALAKKAD. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.S.SANTHOSH KUMAR R2 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------- Crl.M.C. No. 535 OF 2010 -------------------------- Dated this the 17th day of March, 2010 O R D E R Petitioners are the accused and first respondent the injured who is also the defacto complainant in Crime No.45/2010 of Palakkad Town North Police Station, registered for the offences under Section 341, 323, 324 and 326 read with Section 34 of Indian Penal Code on Annexure-1 FIR. Petition is filed under Section 482 of Code of Criminal Procedure contending that the offences alleged against the petitioners are purely personal in nature against the first respondent and when the entire disputes of the first respondent with the petitioners were amicably settled, it is not in the interest of Justice to continue the prosecution. 2. The first respondent appeared through a counsel and filed Crl.M.A. No.766/2010 jointly with the petitioners stating that entire disputes were settled amicably and first respondent has no subsisting grievance against the petitioners and hence the case is to be quashed. 3. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. Crl.M.C.No.535/2010 2 4. Learned Public Prosecutor submitted that the statement of the first respondent recorded shows that the injured has settled all disputes with the accused. 5. As held by the Apex Court in Manoj Sharma v. State {2008 (4) KLT 417 (SC)} and Madan Mohan Abbot v. State of Punjab {2008 (3) KLT 19 (SC)} when the offences alleged against the petitioners are purely personal in nature as against the first respondent and first respondent, who is the injured and the defactor complainant, settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.45/2010 of Palakkad Town North Police Station is quashed. M.SASIDHARAN NAMBIAR, (JUDGE ) vps Crl.M.C.No.535/2010 3 Crl.M.C.No.535/2010 4