IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 Crl.MC.No. 4580 of 2010 ---------------------------------- [CP.NO.8/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY] .................... PETITIONERS/ACCUSED/LEGAL HEIRS OF DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------------------------- 1. BIJU GEORGE, AGED 36 YEARS, S/O.GEORGE, RESIDING AT THERIPARAMBIL, PALARIVATTOM P.O., KOCHI - 25. 2. MARTIN A.V., AGED 40 YEARS, S/O.VAREETH, AREECKAL HOUSE, MEKKAD. 3. JANAMMA, W/O.LATE SIVARAMAN, KANDATTUKUNNEL, CHEENIKUZHI, NORTH MAZHVANNUR KARA, IRAPURAM VILLAGE, KUNNATHUNADU TALUK. 4. SRUTHY, D/O.LATE SIVARAMAN, KANDATTUKUNNEL, CHEENIKUZHI, NORTH MAZHVANNUR KARA, IRAPURAM VILLAGE, KUNNATHUNADU TALUK. 5. SREEGITH, S/O.LATE SIVARAMAN, KANDATTUKUNNEL, CHEENIKUZHI, NORTH MAZHVANNUR KARA, IRAPURAM VILLAGE, KUNNATHUNADU TALUK. 6. SREEJA, D/O.LATE SIVARAMAN, KANDATTUKUNNEL, CHEENIKUZHI, NORTH MAZHVANNUR KARA, IRAPURAM VILLAGE, KUNNATHUNADU TALUK. BY ADVS. SRI.SIRAJ KAROLY, SRI.JOHNSON ABRAHAM. CRL.M.C. NO.4580/2010: RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4580 OF 2010 --------------------------------------------------------- Dated this the 22nd day of November, 2010. O R D E R Petitioners one and two are the accused and petitioners three to six the legal heirs of the deceased de facto complainant in C.P.No.8 of 2010 on the file of Judicial First Class Magistrate Court, Kolenchery. The learned Magistrate took cognizance of the offence under Section 3(V) of the Scheduled Cast and Scheduled Tribes (Prevention of atrocities) Act, on Annexure-B final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire disputes were settled amicably in the Adalath evidenced by Annexure-C award dated 13.7.2010, and it was agreed by legal heirs of the de facto complainant as well as the accused that the cases pending before the learned Magistrate would be settled. Petition is filed jointly by the accused and the legal heirs of the de facto complainant. Learned Public Prosecutor submitted that there is no objection for quashing the proceedings. In view of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 SC), when the offences alleged are purely personal in nature and the disputes are settled amicably it is not in the interest of justice to continue the prosecution. Crl.M.C No.4580 OF 2010 2 Petition is allowed. C.P.No.8 of 2010 on the file of Judicial First Class Magistrate Court, Kolenchery, is quashed. M.SASIDHARAN NAMBIAR, JUDGE. mns