IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 4907 of 2010 --------------------------------------- CC.650/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONERS/ACCUSED NO.1 TO 14: 1. SAHEEN, AGED 22, S/O. ABDULLAKUNJI, V.P.HOUSE, CHATTOOL NORTH, KANNUR DIST. 2. MUHAMMED NASEEF K.A., AGED 22, S/O. K.M.ABDUL KAREEM, KALLUNGAL HOUSE, THAYIKKATTUKARA P.O., ALUVA, ERNAKULAM DIST. 3. MUHAMMED SAHEEN K., AGED 23, S/O. N.SAHABUDHEEN, PUTHAYAN HOUSE, KANNOOKKARA P.O.,VADAKARA, KOZHIKODE DIST. 4. ANSAL K., AGED 23, S/O. HAMSA K.K., KIZHISSERY HOUSE, HOUSING COLONY ROAD, PERINTHALMANNA, MALAPPURAM DISTRICT. 5. MUHAMMED NAJEEB K.T., AGED 22, S/O. MOIDEENKUTTY, MUBARAK (KUNNATH THADATHIL), KUTTOOR NORTH, MALAPPURAM DIST. 6. SREEHARI, AGED 23, S/O. KARUNAKARAN, CHERUPARAMBIL, ERAMALLOOR, CHERTHALA, ALAPPUZHA DISTRICT. 7. MUHAMMED SHEFEER, AGED 22, S/O. MUHAMMED V., M.K.HOUSE, UDUMPUNTHALA P.O., KASARAGOD DISTRICT. 8. SALEM ISMAYIL, AGED 23, S/O. V.M.ISMAIL, VALIYAVEETTIL HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. 9. ANEESH KUMBALA NARAYANADAS, AGED 23, S/O. NARAYANA DAS, PARVETHIVEERAN HOUSE, KUMBALA BEACH ROAD, KASARAGOD DISTRICT. 10. ANEES AHMED, AGED 24, S/O. AHMED KOYA T.P., 1/242(A), MEHAR, BARACKS ROAD, WEST HILL, KOZHIKODE DISTRICT. 11. SAMJAD SADHIQ ALI, AGED 22, S/O. SADIQ ALI, KOLLATH VEETIL, AZHEEKODE JETTI, THRISSUR DISTRICT. 12. LINO GEORGE, AGED 23, S/O. GEORGE K.JOSEPH, KOODALIL HOUSE, THALAYOLAPARAMBU, KOTTAYAM DISTRICT. 13. RISHIN P.K., AGED 23, S/O. HYDER, CITY COTTAGE, MYTHRI NAGAR, ARAATTU THARA, WAYANAD DISTRICT. 14. VIPIN K., AGED 23, S/O. A.P.SREEDHARAN, SREEVILLA, EAST PANMTHODI, CHOKKANATHAPURAM, PALAKKAD DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENTS/STATE OF KERALA/DEFACTO COMPLAINANT: 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. NIBIN MUHAMMED, AGED 22, S/O. NAJEEB MUHAMMED, NAJEEBIYA BUILDING, PATHANAPURAM, PIN-689 695, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN FOR R1 BY ADV. SRI.P.S.APPU FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4907 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No. 650/2006 on the file of Judicial First Class Magistrate's Court, Tirur, taken cognizance for the offences under Sections 143, 147, 445, 341, 506(i) and 323 read with Section 149 of Indian Penal Code on Annexure-B final report. Prosecution case is that petitioners formed themselves into an unlawful assembly with the common object of causing hurt to the second respondent, a member of Student Federation of India, on 2.6.2005 at about 2.15 p.m., attacked second respondent threatening that he will be killed and also caused hurt to him after wrongfully restraining him by committing trespass into the quarters where he resides on rent and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal CRMC 4907/10 2 Procedure to quash the proceedings contending that entire disputes with the second respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioners amicably and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-B final report shows that offences alleged against the petitioners are purely personal in nature against the second respondent. Affidavit filed by the second respondent establishes that he has settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the CRMC 4907/10 3 offences alleged against the petitioners are purely personal in nature and all the disputes were settled amicably between the petitioners and second respondent, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.650/2006 on the file of Judicial First Class Magistrate's Court, Tirur is quashed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv