IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 1150 of 2010() ------------------------------------ CC.132/2007 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA CR. NO.255/2007 OF KOIPPURAM POLICE STATION. ......... .................... PETITIONER(S): ACCUSED NO. 1& 2 ---------------------------------------------------- 1. RATHEESH.K.MOHAN, AGED 26, S/O.KESAVAN, KALAYIL KUZHIYIL VEEDU, PULLADU, KOIPPURAM VILLAGE THIRUVALLA TALUK, PATHANAMTHITTA. 2. ANILKUMAR, AGED 26, S/O.KESAVAN, KALAYIL VEEDU, PULLADU, KOIPPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): STATE, CW1 AND OTHERS ------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJAMMA RAJAPPAN, AGED 37 YEARS, W/O.RAJAPPAN, KALAYIL PADINJATTETHIL VEEDU, PULLAD, KOIPPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. 3. RAJAPPAN, AGED 45, S/O.THANKAPPAN, KALAYIL PADINJATTETHIL VEEDU, PULLAD, KOIPPURAM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA. R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R2 & R3 BY ADV. SRI.V.MANJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1150 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER Petitioners are the accused and respondents 2 and 3 the de facto complainant and injured in C.C.132/2007 on the file of Chief Judicial Magistrate's Court, Pathanamthitta now pending as L.P.67/2008 taken cognizance for the offences under section 452 and 506(ii) read with section 34 of Indian Penal Code on Annexure I final report submitted by the Sub Inspector of Police. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A1 contending that the offences alleged against the petitioners are purely personal in nature against respondents 2 and 3 and entire disputes with respondents 2 and 3 were amicably settled and consequent to the settlement, it is not in the Crl.M.C.1150/2010 2 interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed Crl.M.Appl.1835/2010, a joint petition stating that entire disputes with the petitioners were settled amicably and consequent to the settlement, they have no objection for quashing the proceedings. It is also stated that as respondents 2 and 3 have amicably settled the matter with the petitioners, due to the settlement they have no subsisting grievance against the petitioners. 3. Learned counsel appearing for the petitioners, second and third respondent and leaned Public Prosecutor were heard. 4. Annexure A1, the final report submitted by the Sub Inspector of Police establishes that the offence alleged against the petitioners are under sections 452, 506(ii) read with section 34 of Indian Penal Code and purely personal in nature as against respondents 1 and 2. The case itself was registered based on a complaint filed by Crl.M.C.1150/2010 3 respondents 2 and 3 before the Sub Inspector of Police. The joint statement filed by petitioners, second and third respondents establish that the entire disputes with petitioners were amicably settled and consequent to the settlement, they have no subsisting grievance against the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offence alleged against the petitioners are purely personal in nature and there has been a settlement of the disputes with the injured, respondents 2 and 3, it is not in the interest of justice to continue th prosecution. Petition is allowed. L.P.67/2008 (C.C.132/2007) on the file of Chief Judicial Magistrate's Court, Pathanamthitta is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006