IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 Crl.MC.No. 1710 of 2010() ------------------------- CC.2396/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM .................... PETITIONERS/ACCUSED NO1 AND 2: ----------------------------- 1. ANTONY BOSCO, AGED 37 YEARS, S/O.JOHN, RESIDING AT KOODARAPPALLY HOUSE, THOMASPURAM, MARADU VILLAGE, ERNAKULAM DISTRICT. 2. JILBAN, AGED 29 YEARS, S/O.JOHN, RESIDING AT KODARAPPALLY HOUSE, THOMASPURAM, MARADU VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENTS/COMPLAINANT AND STATE: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. NELBIN, AGED 32 YEARS, S/O.ANTONY, KANNEYATHU HOUSE, THOMASPURAM, MARADU VILLAGE, ERNAKULAM DISTRIC. R1 BY PUBLIC PROSECUTOR M.K.PUSHPLATHA. R2 BY ADV. SRI.BIJU GEORGE (ERNAKULAM) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2010, ALONG WITH CRL.MC NO. 1716 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------- CRL.M.C.NO.1710 & 1716 OF 2010 ----------------------------------------------------- Dated 9th September, 2010 O R D E R Petitioners in Crl.M.C.1716/2010 are the accused in C.C.2397/2005 and petitioners in Crl.M.C.1710/2010 are the accused in C.C.2396/2005 on the file of Additional Chief Judicial Magistrate’s Court, Ernakulam. Offences alleged in C.C.2397/2005 are under Sections 447, 324, 323 and 341 read with Section 34 of Indian Penal Code. Offences alleged in C.C.2396/2005 are under Sections 324 and 294(b) read with Section 34 of Indian Penal Code. C.C.2397/2005 and 2396/2005 are the main case and its counter case. First respondent in Crl.M.C.1716/2010 is the first petitioner in Crl.M.C.1710/2010. Crmc 1710 & 1716/10 2 Second petitioner in Crl.M.C.1710/2010 is the second respondent in Crl.M.C.1716/2010. Prosecution case in C.C.2397/2005 is that three accused in furtherance of their common intention, on 10/9/2005 at abut 12.30 p.m, trespassed into the residential house where first respondent therein is residing and in furtherance of their common intention caused damages to the house and also caused hurt to respondents 1 and 2 and thereby committed the offences. Prosecution case in C.C.2396/2005 is that in furtherance of their common intention, on 10/9/2005 at about 12.45 p.m petitioners caused hurt to second respondent therein after abusing him with obscene language and thereby committed the offences. Petitions are filed under Section 482 of Code of Criminal Procedure contending that entire disputes in between the accused and de facto complainant/injured were Crmc 1710 & 1716/10 3 settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. In Crl.M.C.1716/2010 respondents 1 and 2 filed separate affidavits stating that they have settled all the disputes with the petitioners, through the intervention of mediators and now they have no subsisting grievance against the petitioners and therefore, they have no objection for quashing the proceedings. Second respondent in Crl.M.C.1710/2010 also filed an affidavit stating that entire disputes with the petitioners therein were settled and consequent to the settlement he has no subsisting grievance against the petitioners and therefore, he has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor Crmc 1710 & 1716/10 4 were heard. 3. Offences alleged against the respective petitioners in both cases are purely personal in nature as against respondents 1 and 2 in Crl.M.C.1716/2010 and second respondent in Crl.M.C.1710/2010. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences are purely personal in nature and there has been settlement of the disputes with the injured, de facto complainant, it is not in the interest of justice to continue he prosecution. In such circumstances, both petitions are allowed. C.C.2397/2005 and C.C.2396/2005 on the file of Additional Chief Judicial Magistrate's Court, Ernakulam are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.