IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Crl.MC.No. 1266 of 2009() ----------------------------------- CC.662/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ETTUMANUR CRIME NO.627/2007 OF GANDHINAGAR POLICE STATION, KOTTAYAM .................... PETITIONERS/ACCUSED: ----------------------------------- 1. SUMESH JOHN,, AGED 24 YEARS, S/O. JOHN MATHAI, RESIDING AT SUMESH BHAVAN, S.N. PURAM, PAVITHRESWARAM, PUTHUR, KOLLAM. 2. ARUNKUMAR K., AGED 28 YEARS, S/O. KUMARAN K.K. RESIDING AT KUNNEL HOUSE, MUTTAPPALLY, ERUMELY, KOTTAYAM, EREZHU UDAKKUMURI, CHETTIKULANGARA. 3. PRATHAP CHANDRAN, PADINJARE CHIRAPETHU PERUMPAYIKADU, PARAMPUZHA P.O., KOTTAYAM. 4. ANEER MUHAMMED, MUGHAL HOUSE, KARAMOODU, KUNDAYAM P.O., PATHANAPURAM. 5. MAHESH CHANDRAN, PONGAVANA, ARPOOKKARA EAST P.O., KOTTAYAM. BY ADV. MR.SYAM J SAM RESPONDENTS/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, GANDHINAGAR (KOTTAYAM) POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANOOP K. MOHAN, S/O. K. MOHANAN, AGED 22 YEARS, MUMPALLIL KIZHAKKATHIL, CHERIYANADU P.O., CHENGANNUR, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R2 BY ADV. SRI.A.ARSHAD KHAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1266 OF 2009 ------------------------------------------ Dated 22nd May 2009 O R D E R Petitioners are accused 1 to 5 in crime 627/2007 registered by Gandhi Nagar police station, Kottayam for the offences under Sections 143, 147, 148, 341, 324, 506(i), 427, 451, 362 read with 149 of Indian Penal Code. On submission of the final report Judicial Fist Class Magistrate, Ettumanur has taken cognizance of the offence as C.C.662/2007. Petitioners are students of M.G.University, Open campus, Kottayam. Second respondent is also a student in the same campus. Incident occurred on 18/10/2007. Petitioners are members of the Students Federation of India and second respondent is a member of Kerala Students Union. Prosecution case is that in furtherance of common object of the unlawful assembly, petitioners attacked second respondent and inflicted injuries and committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure contending that subsequently dispute between CRMC 1266/09 2 petitioners and second respondent was settled amicably and they have forgiven the mutual mistakes of either side and in such circumstances case may be quashed. Petition is filed under Section 482 as all the offences are not compoundable. Along with the petition, an affidavit of second respondent stating that the dispute was amicably settled and they are all living in a peaceful atmosphere and he has no grievance against petitioners and so there is no necessity to proceed with the case was pleaded. In view of the settlement, second respondent was directed to appear before the court. Second respondent was personally present in court and he stated that the dispute was settled and he has no objection for quashing the proceedings. 2. In view of the settlement of the dispute with second respondent it will be a futile exercise to try the case as chance for conviction is bleak in view of settlement. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) when dispute is purely of a personal nature and dispute was settled between them, there is no necessity to continue the proceedings. CRMC 1266/09 3 3. In such circumstances, petition is allowed. C.C.662/2007 on the file of Judicial First Class Magistrate, Ettumanur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.