IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4491 of 2010() ------------------------------------- LP.NO.67/2010 IN CC.NO.510/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, HOSDURG. .... (CRIME NO.25/2007 OF NILESWARAM POLICE STATION) ... PETITIONER(S): ACCUSED NO.6: ------------------------------------------------- SHAJI P.V., S/O.KRISHNAN, AGED 29 YEARS, ANGAKALARI, PEROLE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O., NILESWARAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. NARAYANI, AGED 58 YEARS, D/O.AMBU, PALATHADAMIN PEROLE VILLAGE, HOSDURG TALUK, P.O.NILESWARAM-673 602. 4. LEKHA, AGED 26 YEARS, D/O.KRISHNAN, PALATHADAMIN PEROLE VILLAGE, HOSDURG TALUK, P.O.NILESWARAM-673 602. 5. MATTUMMAL KRISHNAN, AGED 59 YEARS, S/O.AMBU, PALATHADAMIN PEROLE VILLAGE, HOSDURG TALUK P.O., NILESWARAM-673 602. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R3, R4 & R5 BY ADV. SRI.GEORGE SIMON THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4491 OF 2010 =========================== Dated this the 1st day of December,2010 ORDER Petitioner was the sixth accused in C.C.442/2007 on the file of Judicial First Class Magistrate Court-II, Hosdurg. As petitioner was absconding, case against him was split up and refiled as C.C.510/2009. The other six accused were tried by the learned Magistrate. By Annexure A judgment, those accused were acquitted. Annexure A1 judgment shows that when the third respondent de facto complainant was examined as PW1, she deposed that disputes were settled and she had given the names of the accused only on suspicion. The injured fourth respondent who was examined as PW2, and the fifth respondent who was examined as PW3, turned hostile. Petition is filed under section 482 of Code of Criminal Crl.M.C.4491/2010 2 Procedure to quash the proceedings contending that in view of the settlement and the order of acquittal as against all the remaining six accused, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner, respondent 3 to 5 and learned Public Prosecutor were heard. 3. Annexure A2 final report shows that prosecution case is that seven accused formed themselves into an unlawful assembly and in furtherance of the common object, on 27.1.2007 at about 8.30 a.m. trespassed into the house belonging to the third respondent and caused hurt to respondents 3 and 4 and also caused damages to the house and household articles and thereby committed the offences under sections 143, 147,148,452, 323 and 427 read with section 149 of Indian Penal Code. By Annexure A1 judgment six out of seven accused were already acquitted. Annexure A2 final report does not show any overt act on the part of the Crl.M.C.4491/2010 3 petitioner. He is being prosecuted only on the allegation that he is also one among the members of the unlawful assembly. Annexure A3 agreement entered into by respondents 3 to 5 establishes that entire disputes were settled. In addition they have filed separate affidavits stating that they have settled the disputes. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) when the offences alleged are purely personal in nature against respondents 3 to 5 and they have settled the disputes with the petitioner, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.510/2009 now pending as L.P.67/2010 on the file of Judicial First Class Magistrate II, Hosdurg is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006