IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Crl.MC.No. 1500 of 2009(F) ------------------------- IN CRIME NO.640/2005 OF KASARAGOD POLICE STATION, S.C.NO. 401/2006 OF SESSIONS COURT, KASARAGODE AND LPC.66/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S): ACCUSED 1 TO 5 ------------------------------------------------ 1. SUNILKUMAR, S/O. SUKUMARAN, NELLIKKUNNU, KASABA VILLAGE, KASARAGOD. 2. KIRAN, S/O. ARUN KUMAR, BEERATH VAYAL, NELLIKKUNNU, KASABA VILLAGE, KASARAGOD. 3. RAJESH KUMAR, S/O. VALSALAN, SANTHI NAGAR, NORTH BEACH, CHERANGAI KADAPPURAM, KASABA VILLAGE, KASARAGOD. BY MR.SOJAN MICHEAL, ADVOCATE. RESPONDENT(S): STATE/DEFACTO COMPLAINANT & INJURED ------------------------------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHABAD, S/O. HAMSA, THANDEN HOUSE, FORT ROAD, KASABA VILLAGE, KASARAGOD. R1 BY MR.KAMAPPU, PUBLIC PROSECUTOR R2 BY MR.NISHIL.P.S., ADVOCATE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1500 of 2009-F ================== Dated this the 29th day of May, 2009. O R D E R Petitioners are accused in Crime No.640/2005 of Kasaragod Police Station, now pending as S.C.No.401/2006 before Sessions Court, Kasaragod. Prosecution case is that all the accused committed offences under Sections 341, 324 and 308 read with Section 34 of Indian Penal Code. Allegation is that on 3-9-2005 at about 8.30 PM while 2nd respondent/defacto complainant was walking along the footpath in front of Roshi Jewellery, in furtherance of their common intention, 2nd petitioner attempted to beat him with an iron rode and when 2nd respondent evaded it, 3rd petitioner hit him with an iron rode, which was also evaded and the accused thereby committed the offence. This petition is filed under Section 482 of Code of Criminal Procedure to quash the final report submitted in Crime No.640/2005 taken cognizance by the Magistrate and now pending as S.C.No.401/2006 contending that subsequently Crl.M.C.No.1500/2009 -2- the dispute between petitioners and 2nd respondent were settled amicably and now he has no grievance against petitioners and therefore he has no objection for quashing the proceedings. Relaying on the decision of the Apex Court in Madan Mohan Aboot v. State of Punjab (2008 (3) KLT 19) it is contended that the case is to be quashed. 2nd respondent appeared through Counsel and also filed Crl.M.A.No.2449/2009 along with an affidavit stating that they have settled the dispute and he has no intention to proceed with the case. 2. Learned Counsel appearing for petitioners and 2nd respondent and learned Public Prosecutor were heard. 3. Learned Public Prosecutor on instructions submitted that the dispute has been settled between the injured defacto complainant and accused and therefore no purpose would be served by proceeding with the trial. 4. Allegation against petitioners is that they committed offences under Sections 341, 324 and 308 read Crl.M.C.No.1500/2009 -3- with Section 34 of Indian Penal Code. The case is purely personal between the 2nd respondent, the defacto complainant, who is the injured. Annexure I Wound Certificate shows that only minor injuries were inflicted. Subsequent settlement of the dispute with 2nd respondent, the injured defacto complainant, would makes the possibility of conviction very bleak. Under such circumstances no fruitful purpose will be served by undergoing an ordeal of trial, except waste of valuable time of this Court, which would be used for better purpose. Under such circumstances, petition is allowed and final report in Crime No.640/2005 of Kasaragod Police Station and S.C.No.401/2006 pending before Sessions Court, Kasaragod taken cognizance on the said final report are quashed. M.SASIDHARAN NAMBIAR JUDGE dkr