IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Crl.MC.No. 859 of 2010() ---------------------------------- C.C.928/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOZHIKODE. CRIME NO.453/2009 OF NADAKKAVU POLICE STATION. .............. PETITIONER(S): ----------------------- RANJITH. M, AGED 22 YEARS S/O.NAYADI, MOOLANCHERY VEEDU P.O.VELIMUKKU, MOOMIYUR AMSOM PARAKKADAV, MALAPPURAM DISTRICT BY ADV. MR.MANJERI SUNDERRAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP BY STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE (CRIME FIR NO.453 OF 2009) REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DHANESH DAS.P S/O.HARIDASAN, POTTAYIL HOUSE, THIRUVANNUR,ODUMBRAKADAV ROAD, PADANNAYIL PARAMBA, KOZHIKODE. 3. VASANTHLAL, AGED 19 YEARS S/O.VENU NAIR, ARCHANA HOUSE, KARUMALA, BALUSSERY, KOZHIKODE. 4. SHANID. V, S/O.MUHAMMED PALOTH HOUSE, THUVVAKKODE POST POOKKAD, KOYILANDY. 5. ERSHAD. P., S/O.AMMAD MALAYANTE KANDIYIL HOUSE, THALIYIL POST, KUTTIADY 6. RAHUL O.K., AGED 20 YEARS S/O.BALAKRISHNAN, SREEVALSAM HOUSE MARAMUTTAMTHERU, QUILANDY. Crl.MC.No. 859 of 2010 7. SUJAYA CHANDRAN, AGED 19 YEARS S/O.RAMACHANDRAN, OADUBHARE VALAP HOUSE POYILKAV ROAD, EDAKKULAM POST, QUILANDY. 8. CHANDAK. V.A., AGED 21 YEARS, S/O.ASHOK KUMAR. KALINGA HOUSE, P.O. PUTHIYARA, JAIL ROAD, KOZHIKODE-4. R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R2 TO R7 BY ADV. SMT.K.K.PREETHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.859 OF 2010 ------------------------------------------ Dated 11th March 2010 O R D E R Petitioner is the injured in C.C.928/2009 on the file of Judicial First Class Magistrate-IV, Kozhikode. Respondents 2 to 8 are the accused in that case. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-1 final report shows that prosecution case is that on 4/8/2009 at about 3 p.m, the accused who are students of Government Polytechnic, West Crmc 859/10 2 Hill consequent to group rivalry, wrongfully restrained the petitioner and scolded him using abusive language, in furtherance of their common object, after forming an unlawful assembly and thereby committed the offences. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The injured himself has filed this petition stating that entire disputes with respondents 2 to 8 were amicably settled and consequent to the settlement the case is to be quashed. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when offences alleged against the accused are purely personal in nature as against the petitioner and petitioner settled the disputes with the accused, it is not in the interest of Crmc 859/10 3 justice to continue the prosecution. Petition is allowed. C.C.928/2009 on the file of Judicial First Class Magistrate-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.