IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2545 of 2009() ------------------------- CC.1312/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO.337/2009 OF CENTRAL POLICE STATION,KOCHI CITY,ERNAKULAM) PETITIONER(S): ACCUSED 1 TO 3: --------------------------------------------------- 1. JIJO, AGED 25 YEARS,S/O.ISSAC, RESIDING AT VATTUNKAL HOUSE,QUARTERS NO.III B, SOUTH RAILWAY STATION QUARTERS,ERNAKULAM VILLAGE, ERNAKULAM DISTRICT. 2. SUYATH, AGED 24 YEARS,S/O.SURENDRAN,QUARTERS NO.III C, SOUTH RAILWAY STATION QUARTERS, ERNAKULAM VILLAGE,ERNAKULAM DISTRICT. 3. GIRISH, AGED 22 YEARS,S/O.BALAKRISHNAN,QUARTERS NO.III C, SOUTH RAILWAY STATION,ERNAKULAM VILLAGE, ERNAKULAM DISTRICT. BY ADVS. MR.T.MADHU, MR.A.SAIN PAUL. RESPONDENT(S): STATE: --------------------------------------- 1. THE STATION HOUSE OFFICER, CENTRAL POLICE STATION,KOCHI CITY, ERNAKULAM,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUNIL KUMAR, AGED 27 YEARS,S/O.THANKAPPAN, RESIDING AT CHARUVILA PUTHENVEETTIL HOUSE, KONNAKKAD,VANCHIKKADAVU VILLAGE, MALOM TALUK,KASARGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 BY ADV. MR. P.R. SHIBU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2545 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.1312/2009 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offences under Sections 294(b), 342, 323 and 506 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 final report and the cognizance taken contending that the dispute with the second respondent/defacto complainant, the injured, is amicably settled out of court. 2. Second respondent appeared through a counsel and filed Annexure-A2 affidavit stating that due to the intervention of mediators, the dispute with the petitioners was amicably settled and therefore, he has no objection for quashing the proceedings. CRMC 2545/09 2 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Learned Public Prosecutor submitted that statement of the second respondent subsequently taken shows that there was a settlement of the dispute with the petitioners. The offences alleged against the petitioners are purely of personal in nature as against second respondent. In such circumstances, it is not in the interest of justice to continue the prosecution as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), as even if petitioners are to be tried, in the light of the settlement, chance of a successful prosecution is very bleak. Petition is allowed. C.C.No.1312/2009 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. 19th August, 2009 (M.Sasidharan Nambiar, Judge) tkv