IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Crl.MC.No. 3663 of 2009() ------------------------------------ CC.181/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): A1 --------------------------- LALU AGE 28, S/O. VIKRAMAN, PUTHUVEL PUTHEN VEEDU, NEAR KATTUKULAM TOWN WARD KARIYIL DESOM, MENAMKULAM VILLAGE, KAZHAKUTTOM. BY ADVS.MR.SASTHAMANGALAM S. AJITHKUMAR MR.P.M.SANEER RESPONDENT(S): CW1 & CW2/ A2 & A3 ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. MANIYAN AGE 60 (CW1) S/O. CHELLAPPAN, NEAR BHARAT PETROLEUM GAS PLANT MENAMKULAM VILLAGE, KAZHAKUTTAM. 3. SANTHOSH, AGE 27 (CW2) S/O. MANIYAN OORUVILAKATHU VEEDU, NEAR BHARAT PETROEUM GAS PLANT, MENAMKULAM VILLAGE KAZHAKUTTOM. 4. AJAYAN AGE 28, (A2) S/O. THULASI, PUTHUVEL PUTHEN VEEDU, NEAR KATTUKULAM, TOWN WARD, KARIYIL DESOM, MENAMKULAM VILLAGE, KAZHAKUTTOM. 5. SHIVAPRASAD, S/O. SAHADEVAN,(A3) THEKKALAPURATHU VEEDU, NEAR FCI GO-DOWN, MENAMKULAM VILLAGE, KAZHAKUTTOM. R1 BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR R2 & R3 BY ADV. MR.K.K.DHEERENDRAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3663 OF 2009 ------------------------------------------ Dated 18th November 2009 O R D E R Petitioner is the first accused and respondents 4 and 5 are accused 2 and 3 in C.C.No.181/2009 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram, taken cognizance for the offences under Sections 323, 324, 452, 471 and 506(ii) read with Section 34 of Indian Penal Code. Prosecution case is that on 7.2.2003 at about 7.30 p.m., in furtherance of their common intention, the accused, armed with deadly weapons, trespassed into the compound of the second respondent and forcibly broke open the door and caused damages to the articles in the house and inflicted injuries on third respondent and threatened second respondent demanding Rs.10,000/- stating that if it is not given, he and his children will be killed and also caused damages to the flower pots in the courtyard and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to Crmc 3663/09 2 quash the proceedings contending that the proceedings were initiated due to the disputes at that time and subsequently, entire disputes were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. Petitioner would contend that the offences alleged against him are purely personal in nature and in such circumstances, the proceedings is to be quashed. 2. Respondents 4 and 5 appeared through a counsel and filed Annexure-B affidavit stating that entire disputes with the petitioner were settled amicably. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 3. Annexure-A final report shows that offences alleged against the petitioners are purely personal in nature against respondents 2 and 3. Affidavit filed by respondents 2 and 3 show that entire disputes were settled amicably and they have no subsisting grievance as against the petitioners and in view of the settlement they have no objection for quashing the proceedings. 4. As held by the Apex court in Madan Crmc 3663/09 3 Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences are purely personal in nature as against respondents 2 and 3 and it is established that there was an amicable settlement of all the disputes between respondents 2 and 3 and the petitioners, it is not in the interest of justice to continue the prosecution as ultimately consequent to the settlement there will be no chance of a successful prosecution and trial would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.181/2009 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram as against petitioner is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.