IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 4706 of 2010() ----------------------- CC.339/2009 of JUDL. FIRST CLASS MAGISTRATE COURT-II, ATTINGAL ................ PETITIONERS / A1 & A2 : ----------------------------------- 1. IQBAL @ PATTARU, AGED 44 (A1) S/O.SALEEM, T.C.49/447 (1) AL-AMINA, KALIPPAMKULAM, MANACAUD VILLAGE. 2. THRIDEEP, AGE 51 (A2) S/O.K.P.VISHWAMBARAN, LALI BHAVAN, NANDIYODE, NANDIYODE VILLAGE. BY ADV. SRI. SHAJIN S. HAMEED RESPONDENTS / STATE & CW1: ---------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. 2. SALAHUDHEEN, AGE 39 (CW1), S/O.IBRAHIM KUNJU, S.N.MANZIL, PACHIRA, PALLICHA VEEDU MURI, PALLIPURAM VILLAGE, PIN-695 032. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI. K.K.DHEERANDRA KRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4706 OF 2010 --------------------------------------------- Dated 22nd December, 2010 O R D E R Petitioners are the accused and second respondent the de facto complainant in C.C.339/2009 on the file of Judicial First Class Magistrate's Court-II, Attingal, taken cognizance for the offences under Sections 323, 324, 427 and 294(b) read with Section 34 of Indian Penal Code, on Annexure-A final report. Prosecution case is that on 7/4/2008 at about 2.40 p.m petitioners in furtherance of their common intention to cause hurt to the second respondent, assembled near A.V.Marbles and caught hold of the second respondent and hit him with a stone at his head causing hurt and when he tried to run away, he was stepped and hit with a stone at his right knee and also Crmc 4706/10 2 uttered obscene words and took away his driving licence, mobile phone and cash of Rs.11,300/- and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the second respondent were settled amicably and consequently, 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 entire disputes with the petitioners and consequent to the settlement, he has no grievance against the petitioners and the disputes involved are purely personal in nature and therefore, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Crmc 4706/10 3 Public Prosecutor were heard. 4. Annexure-A final report establishes that the offences alleged against the petitioners are purely personal in nature. 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 (SC), when the offences are purely personal in nature and second respondent settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.339/2009 on the file of Judicial First Class Magistrate's Court-II, Attingal is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.