IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 Crl.MC.No. 4279 of 2010() ------------------------- (CRIME NO.398/10 OF PAZHAYANGADI POLICE STATION, KANNUR DIST. ) PETITIONER/ACCUSED --------------------------------- 1. M.HARIS, S/O.MUSTHAFA, MANNAN HOUSE, PUTHIYANGADI MADAYI P.O., KANNUR DISTRICT, PIN-670304. 2. M.FAROOQ, S/O.MUSTHAFA, MANNAN HOUSE, PUTHIYANGADI MADAYI P.O., KANNUR DISTRICT. 3. MOOSA, S/O.HAMSA, BAPOOTTI CORNER, BEACH ROAD, MADAYI P.O., KANNUR DISTRICT. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT ------------------------------------------- 1. FAHAD E., AGED 24 YEARS, S/O.ABDUL KHADER, ERUMBAN HOUSE, BEACH ROAD, MADAYI P.O., KANNUR DISTRICT, PIN-670304. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 ADV. SRI.P.S.BINU R2 BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4279 OF 2010 --------------------------------------------- Dated 6th December, 2010 O R D E R Petitioners are the accused and first respondent, the de facto complainant in Crime No.398/2010 of Pazhayangadi Police Station registered under Annexure-I FIR based on Annexure-III FI statement of the first respondent, recorded by Assistant Sub Inspector of Police, Pazhayangadi Police station for the offences under Sections 341 and 324 read with Section 34 of Indian Penal Code. The allegation in Annexure-III FI statement is that at about 9 a.m on 13/9/2010, while returning from Puthiyangadi Harbour and reached Bapootty Corner on the Beach road, petitioners in furtherance of their common intention wrongfully restrained first Crmc 4279/10 2 respondent and using an iron pipe hit on the head of the first respondent and also hit on his face with a granite stone and thereby caused hurt and committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings contending that entire disputes were amicably settled with the first respondent. 2. First respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled amicably with the petitioners and he sustained only simple hurt and in view of the settlement, he is not interested in further prosecuting the case and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. Crmc 4279/10 3 4. Annexures-I and III establish that the offences alleged against the petitioners are purely personal in nature against the first respondent. Affidavit filed by the first 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 (SC), when the offences alleged are purely personal in nature and first respondent has settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. Annexure-I FIR and further proceedings in Crime No.398/2010 of Pazhayangadi police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.