IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4980 of 2010() ------------------------ CRIME NO. 1154/2010 OF ERNAKULAM TOWN SOUTH POLICE STATION .............................. PETITIONER / ACCUSED: ------------------------------------ K. MUHAMMED RISHAD, S/O. USMAN, KENIKKALKEEZHUTTA HOUSE, P.O. VELLAMUNDA, WAYANAD DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS / STATE & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M. DHANYA UNNIKRISHNAN, D/O. UNNIKRISHNAN, N.J.K. SIVAM, FLAT 3C LAYAM ROAD, ERNAKULAM DISTRICT. R1 BY PUB PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.S.SHAJI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4980 OF 2010 --------------------------------------------- Dated 20th December, 2010 O R D E R Petitioner is the accused and second respondent, the de facto complainant in Crime No.1154/2010 of Ernakulam Town South Police Station registered for the offences under Sections 323, 324, 294(b) and 354 of Indian Penal Code on Annexure-I FIR. Annexure-I FIR shows that the case was originally registered before Ernakulam Central Police Station as crime No.1981/2010, and on investigation finding that the scene of occurrence is within the jurisdiction of Ernakulam Town South Police Station, case diary was transferred to that Police Station and based on which Crime No.1154/2010 of that Police Station was Crmc 4980/10 2 registered. FI statement of the second respondent establishes that the alleged incident took place within Sacred Heart College, Thevara while the petitioner and second respondent were students of that college. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings contending that entire disputes between the petitioner and second respondent were settled amicably, evidenced by Annexure-II agreement 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 she has settled all the disputes with the petitioner and consequent to the settlement, she has no intention to prosecute the case Crmc 4980/10 3 further and hence she has no objection for quashing the FIR. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure-I FIR establishes that the offences alleged against the petitioner are purely personal in nature against the second respondent. Annexure-II agreement entered into by the petitioner with second respondent and affidavit filed by the second respondent establish that entire disputes between the petitioner and second respondent were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in Crmc 4980/10 4 nature and the disputes were settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.1154/2010 of Ernakulam Town South Police Station registered under Annexure-I FIR is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.