IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.MC.No. 688 of 2010() ------------------------ CC.118/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONERS/ACCUSED 1-5 --------------------------------------- 1. WILLIAM, S/O. JOSEPH CHAKKALAKKAL HOUSE KOMBARA, ERNAKULAM VILLAGE KANAYANNOR TALUK 2. SASEENDRAN SANKAR S/O. SANKARAN KADALASSERY HOUSE, ALUVA. 3. SURESH, S/O. MADHAVAN PAKIDAPRAMBIL ALUVA WEST VILLAGE. 4. SUDHEER KUMAR, S/O. SUDHAKARAN THOTTUMPURAM HOUSE KODANAD VILLAGE 5. JOHN JOSEPH, S/O. JOSEPH PALLIPARAMBIL, VADUTHALA CHERANELLOOR VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS/INJURED AND STATE ----------------------------------------------------- 1. SHIBU, S/O. KARIMPAN ARIMBARA, H.M.T. COLONY THRIKKAKARA VILLAGE. 2. GEORGE, S/O. VARGHESE VATTAPPILLI, KOOTTUKAD CHENDAMANGALAM VILLAGE 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.BYJU KURIAKOSE FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. --------------------------- Crl.M.C. No. 688 OF 2010 -------------------------- Dated this the 17th day of March, 2010 O R D E R Petitioners are accused and respondents 1 and 2 the injured and the defacto complainant in C.C. No.118/2006 on the file of Judicial First Class Magistrate-I, Aluva taken cognizance for the offences under Section 143, 147, 341 and 323 read with Section 149 of Indian penal Code on Annexure-B final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that the offences alleged against the petitioners are purely personal in nature as against respondents 1 and 2 and and they have already settled the disputes amicably and therefore, it is not in the interest of Justice to continue the prosecution. 2. Respondents 1 and 2 appeared through a counsel and filed separate affidavits stating that the incident occurred due to some personal problems and subsequently entire disputes were amicably settled and consequent to the settlement they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, Crl.M.C.No.688/2010 2 respondents 1 and 2 and the learned Public Prosecutor were heard. 4. Learned Public Prosecutor also submitted that the statement of the first respondent recorded later establishes that entire disputes were settled between the injured and the accused. 5. As is clear from Annexure-B final report, prosecution case is that on 28.5.2005 at about 2 pm petitioners formed themselves into an unlawful assembly with the common object of demanding remuneration for the work done, in connection with the shooting of album “Guruvayoorappan”, in front of Anupama Tourist Home. Then first petitioner pushed the first respondent causing him to fall. Thereafter petitioners inflicted blows on the first respondent with their fists. When second respondent intervened he was also beaten by the petitioners all over his body. They thereby committed the offences. Offences are purely personal in nature against respondents 1 and 2. The affidavits filed by respondents 1 and 2, establish that entire dispute were amicably settled and they have no subsisting grievance against the petitioners and consequent to the settlement they have no objection for quashing the proceedings. 6. As held by the Apex Court in Madan Mohan Abbot v. Crl.M.C.No.688/2010 3 State of Punjab {2008 (3) KLT 19 (SC)} when the offence alleged against the petitioners are purely personal in nature and there is an amicable settlement between the parties, it is not in the interest of justice to continue the prosecution as consequent to the settlement there is no chances of a successful prosecution. Petition is allowed. C.C. No.118/2006 on the file of Judicial First Class Magistrate-I, Aluva is quashed. M.SASIDHARAN NAMBIAR, (JUDGE ) vps Crl.M.C.No.688/2010 4