IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4774 of 2010 ---------------------------------- [CRIME NO.401/2003 OF ERNAKULAM TOWN NORTH POLICE STATION] .................. PETITIONERS/ACCUSED NOS.1,3,4 AND 5: ------------------------------------------------------------- 1. AZEEZ, S/O. SEYD MOHAMMED, AGED 40 YEARS, NALADYTHUNDIYIL HOUSE, S.R.M ROAD, KOCHI -18, ERNAKULAM. 2. SHIJU, S/O. ASHRAF, AGED 36 YEARS, VERAPPILLY HOUSE, S.R.M ROAD, KOCHI - 18, ERNAKULAM. 3. HASHIM, S/O. HASSAN, AGED 32 YEARS, PUTHENPARAMBIL HOUSE, S.R.M ROAD, KOCHI -18, ERNAKULAM. 4. JEROM, S/O. JOSEPH, CHAKKALYKAL HOUSE, AGED 35 YEARS, Y M C A ROAD, MAMANGALAM. BY ADV. SRI.P.M.ZIRAJ. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKJLAM, REP. BY SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT – 682 010. 2. ABDUL SALAM, S/O. SAIDU MOHAMMED, AGED 36 YEARS, NAMBIPUTHIYATH HOUSE, S.R.M ROAD, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT - 682 012. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SRI.SONY ANTONY. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4774 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R Petitioners are accused 1,3,4 and 5 in C.C.787/2004 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offences under Sections 143, 147, 148, 341, 323, 324 read with Section 149 of Indian Penal Code. It is submitted that second accused is no more. Cognizance was taken on Annexure-II final report submitted by Sub Inspector of Police, Ernakulam Town North Police Station. Prosecution case is that because of the enmity with the second respondent, on 25/8/2003 at about 4 a.m, petitioners along with the deceased second accused formed themselves into an unlawful Crmc 4774/10 2 assembly and in furtherance of their common object wrongfully restrained second respondent and caused hurt to him by beating with dangerous weapons and thereby committed the offences. Final report shows that the offence alleged against the petitioners are purely personal in nature against the second respondent. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioners and consequent to the settlement he has no objection for compounding the offences. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 Crmc 4774/10 3 (SC), when the offences alleged against the petitioners are purely personal in nature against the second respondent and second respondent has settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution, especially when consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. C.C.787/2004 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.