IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.MC.No. 3319 of 2009 --------------------------------------- CC.1056/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONERS/ACCUSED 1 TO 6: 1. REJI DAS, S/O DAS, AGED 30 YEARS, THADATHIPARAMBIL HOUSE, PULLUR VILLAGE, THORAVANKADU DESOM, THRISSUR DISTRICT. 2. SREERAG, S/O.MOHANAN, AGED 21 YEARS, THALIYAKKATTU PARAMBIL HOUSE, DO.DO. 3. MADHU, S/O.SAHADAVAN, AGED 28 YEARS, DO. DO. 4. SENO, S/O.VASUDEVAN, AGED 30 YEARS, KAIMAPARAMBIL HOUSE, DO.DO. 5. SEJO, S/O.VASUDAVEN, AGED 28 YEARS, KAIMAPARAMBIL HOUSE, DO. DO. 6. SEBI, S/O.VASUDEVAN, AGED 28 YEARS, KAIMAPARAMBIL HOUSE, DO. DO. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS/DEFACTO COMPLAINANT/COMPLAINANT: 1. SANTHOSH, S/O.BALAN, AGED 37 YEARS, KAIMAPARAMBIL HOUSE, NADAVARUMBU DESOM, VALOORKARA VILLAGE, THRISSUR DISTRICT. 2. MANOJ, S/O.BALAN, AGED 47 YEARS, DO. DO. 3. PARTHEESH, S/O.BALAN, AGED 40 YEARS, DO. DO. 4. SUMA, W/O.PRATHEESH, AGED 33 YEARS, DO. DO. 5. RAJI, W/O SANTHOSH, AGED 33 YEARS, DO. DO. 6. THE SUB INSPECTOR OF POLICE, IRINJALAKUDA, THRISSUR DISTRICT, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.C.V.SIVARAMAN FOR R1TOR5 PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R6 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3319 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.1056/2009 on the file of Judicial First Class Magistrate's Court, Irinjalakuda. Respondents 1 to 5 are the defacto complainant as well as the other injured. Prosecution case is that on 1.2.2009 at about 11 p.m., petitioners formed themselves into an unlawful assembly and in furtherance of their common object, attacked respondents 1 to 5 and committed the offences under Sections 143, 147, 148, 323, 324 and 427 read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire disputes with respondents 1 to 5 were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 to 5 appeared through a counsel and filed Annexure-4 joint petition stating that entire disputes between the petitioners and respondents 1 to 5 were amicably settled and in view of the settlement, they have no intention to proceed with the case and CRMC 3319/09 2 therefore, they are to be permitted to compound the offences. 3. Learned counsel appearing for the petitioners, respondents 1 to 5 and learned Public Prosecutor were heard. 4. Annexure-3 final report establishes that respondents 1 to 5 are the injured as well as the affected parties. It also shows that the offences alleged against the petitioners are purely personal in nature as against respondents 1 to 5. Annexure-4 joint petition establishes that there was an amicable settlement of all the disputes between the parties. In such circumstances, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to continue the prosecution, when, consequent to the settlement, chances of a successful prosecution are very bleak. Petition is allowed. C.C.No.1056/2009 on the file of Judicial First Class Magistrate's Court, Irinjalakuda is quashed. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv