IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Crl.MC.No. 3904 of 2010() ------------------------------------- CC.625/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER/ACCUSED: ----------------------------------- VENUGOPAL, S/O.PILANKU MADHAVAN, `YESHODH', CHEEMENI KIZHAKKEKARA NOW WORKING AS CIRCLE INSPECTOR OF POLICE, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. T.M. NAWAS, S/O.T.M. KUNHI, `IMAN VILLA', P.O.MOGRAL, KUMBALA, KASARGOD TALUK. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.CIBI THOMAS. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3904 of 2010 -------------------------- ORDER Petitioner is the accused and first respondent, the complainant in C.C.No.625/2006 on the file of Chief Judicial Magistrate's Court, Kasaragod, taken cognizance for the offences under Sections 341, 323, 324, 325 and 506(i) of Indian Penal Code on Annexure-I complaint. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that offences alleged against the petitioner are purely personal in nature and all the disputes were voluntarily settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. Petitioner, along with the first respondent, filed a joint petition stating that entire disputes were settled amicably and therefore, the proceedings is to be quashed. 2. Learned counsel appearing for the petitioner, first respondent and learned Public prosecutor were heard. CRMC 3904/10 2 3. Offences alleged against the petitioner are purely personal in nature against the first respondent. The joint petition filed by the petitioner along with the first respondent establishes that entire disputes were settled amicably and consequently, first respondent has no subsisting grievance against the petitioner. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioners are purely personal in nature and the disputes between the petitioner and first respondent were settled amicably, it is not in the interest of justice to continue the prosecution, as consequent to the settlement chances of a successful prosecution are very bleak. Petition is allowed. C.C.No.625/2006 on the file of chief Judicial Magistrate's Court, Kasaragod is quashed. 23rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv