IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Crl.MC.No. 3868 of 2009() ------------------------------------ CC.295/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONERS/A1 TO A8: ---------------------------------- 1. PRAKASH @ KOODAM PRAKASH, (A1), S/O.RAJENDRAN, T.C.16/1112, KURUKKUVILAKATHU, JAGATHY WARD, THYCAUD VILLAGE. 2. PRASHANTH @ VELLI PRASHANTH, (A2), S/O.SASIDHARAN, T.C.16/1258, KURUKKUVILAKATHU, JAGATHY WARD, THYCAUD VILLAGE. 3. PRASHANTH, (A3), S/O.RAJENDRAN, T.C.16/1112, KURUKKUVILAKATHU, JAGATHY WARD, MERALANOOR, THYCAUD VILLAGE. 4. VIPIN, (A4), S/O.THULASI, T.C.24/1471, KANNETTUMUKKU, THYCAUD WARD, THYCAUD VILLAGE. 5. PRAVEEN, (A5), S/O.SUKUMARAN, T.C.16/1177, KANNETTUMUKKU, THYCAUD WARD, THYCAUD VILLAGE. 6. JOBI, (A6), S/O.ANDREW, T.C.16/116, KURUKKUVILAKOM, JAGATHY WARD, THYCAUD VILLAGE. 7. SUMESH, (A7), S/O.VINCENT, T.C.16/1268, THYCAUD WARD, THYCAUD VILLAGE. 8. SURESH @ AYYA GURU SURESH, (A8), S/O.VELLAPPAN NAIR, T.C.16/1291, JAGATHY WARD, THYCAUD VILLAGE. BY ADV. MR.P.M.SANEER RESPONDENTS/CW1: ------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Crl.MC.No. 3868 of 2009 2. VISHNU, AGE 22, (CW1), S/O.NARAYANAN NAIR, T.C.23/191, THENNOOR VEEDU, VALYASALA WARD, THYCAUD VILLAGE. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 3868 OF 2009 ------------------------------------------ Dated 1st December 2009 ORDER Petitioners are accused and second respondent, the de facto complainant who is the injured, in C.C.295/2007 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram taken cognizance for the offences under Sections 143, 147, 148, 149 and 324 of Indian Penal Code on Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that entire disputes were settled with second respondent and the offences alleged against petitioners are purely personal in nature as against the second respondent and when second respondent has settled the dispute with the petitioners, it is not in the interest of justice to continue the prosecution. Second respondent appeared through a counsel and also filed Annexure-B affidavit stating that he has settled the disputes with petitioners and hence he has no objection for quashing the proceedings. 2. Learned counsel appearing for the Crmc 3868/09 2 petitioners, second respondent and learned Public Prosecutor were heard. 3. Annexure-A final report shows that prosecution case against petitioners is that due to the enmity of the petitioners against second respondent, who along with others restrained them from causing disturbance to the ladies who visit Kavil Kadavu temple festival, petitioners formed themselves into an unlawful assembly with the common object of causing hurt to second respondent and armed with granite stones attacked second respondent and caused hurt to him and thereby committed the offences. The Offences alleged are purely personal in nature as against second respondent. When the affidavit filed by second respondent establishes that there has been settlement of all the disputes with 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 Crmc 3868/09 3 continue the prosecution. Petition is allowed. C.c.295/2007 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.