IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4511 of 2010 () ------------------------- (CC.151/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR) .................... PETITIONERS/ACCUSED 1 & 2 ---------------------------------------------- 1. SAKARIYA AGED 63 YEARS, S/O.CHEKKU, NADUKAPARAMBIL HOUSE, KOTHAD, VARAPUZHA, ERNAKULAM DISTRICT. 2. SHAIJU AGED 29 YEARS, S/O.SAKARIYA, NADUKAPARAMBIL HOUSE KOTHAD, VARAPUZHA, ERNAKULAM DISTRICT. BY ADVS. SRI.AMJAD ALI SRI.B.H.ANSIL RESPONDENT/STATE/DEFACTO COMPLAINANT & INJURED. -------------------------------------------------------------------------------------- 1. SIJU AGED 32 YEARS, S/O.SAKRIYA, NADUKAPARAMBIL HOUSE,KOTHAD, VARAPUZHA,ERNAKULAM DISTRICT. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. R2 BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4511 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioners are the accused and first respondent the injured de facto complainant in C.C.151 of 2008 on the file of Judicial First Class Magistrate Court, N.Paravur. First petitioner is the father of the first respondent. Second petitioner is the brother of the first respondent. The prosecution case is that in furtherance of the common intention on 23.05.2007 at about 10 a.m petitioners, inflicted injury on the first respondent and caused grievous hurt and thereby committed the offences under Sections 324 and 326 r/w 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate considering thatentire disputes were settled amicably between the first respondent son, his father first petitioner and brother the second petitioner and consequent to the settlement it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that he has settled entire disputes amicably with the petitioners and consequent to the settlement he has no objection for quashing the proceedings. Crl.M.C No.4511 OF 2010 2 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. The allegation against the petitioners, the father and brother of first respondent, is that in furtherance of their common intention, they caused grievous hurt to 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 entire disputes were settled between the accused and the injured and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.151 of 2010 on the file of Judicial First Class Magistrate Court, N.Paravur, is quashed. M.SASIDHARAN NAMBIAR, JUDGE. mns