IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4234 of 2010() ------------------------- (LPC 47/2002 OF JUDL. FIRST CLASS MAGISTRATE COURT-1, HOSDURG. CRIME NO.502/1998, HOSDURG POLICE STATION). .................... PETITIONER/ACCUSED --------------------------------- SATHAR @ M.C.SATHAR, AGED 29 YEARS, S/O.MUHAMMED, KOOLIKKAD, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/STATE & DEFACTO COMPLAINANT & CRIME WITNESSES 1& 2 --------------------------------------------------------------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.M.ASHRAF, AGED 32 YEARS, S/O.MAMMOONHI HAJI, R/AT 22/98, KOOLIKKADU HOUSE, CHITHARI VILLAGE, HOSDURG, KASARAGOD DISTRICT. 3. KUNJABDULLA, AGED 38 YEARS, S/O.MAMMOONHI HAJI, R/AT 28/98, KOOLIKKADU HOUSE, CHITHARI VILLAGE, HOSDURG, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR, SRI.I.V.PRAMOD R2 & R3 BY ADV. SRI.M.T.SURESH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4234 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioners are the accused and respondents two and three the injured and the victim in C.C.No.1401 of 1998, now pending as LPC.No.47 of 2002 before Judicial First Class Magistrate Court-I, Hosdurg. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and as against the first accused, the case has already been compounded, evidenced by Annexure- AIII order. 2. Learned counsel appearing for the petitioner and respondents two and three and the learned Public Prosecutor were heard. 3. Respondents two and three filed separate affidavits stating that they have settled all the disputes amicably with the petitioners. Annexure-AIII establishes that the case as against the first accused was already settled and compounded. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab, (2008 (3) KLT 19 SC), when the disputes are settled amicably between the accused and the injured, it is not in the interest of Crl.M.C No.4234 OF 2010 2 justice to continue prosecution. Petition is allowed. LCP.No.47 of 2002 on the file of the Judicial First Class Magistrate Court-I, Hosdurg is quashed. M.SASIDHARAN NAMBIAR, JUDGE. mns