IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Crl.MC.No. 3331 of 2009(D) -------------------------------------- [CC.NO.464/2008 OF JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR, CRIME NO.149/2006 OF THENMALA POLICE STATION) .................... PETITIONER/ 1ST ACCUSED: ----------------------------------------- ALAVUDHEEN, S/O.SALAHUDHEEN, SHAHARBAN MANZIL, SATHRAM MUKKU, EDAMON, KOLLAM DISTRICT. BY ADV. MR.R.ARUN RAJ. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, THEMALA POLICE STATION. (CRIME NO.149 OF 2006) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAINALABDHEEN, AGED 59 YEARS, S/O.HASSAN RAWTHER, THENDATHIL PUTHEN VEEDU, SATHRAM MUKKU, EDAMON, KOLLAM DISTRICT. *ADDL. RESPONDENTS 3 TO 8 IMPLEADED: 3. BINU, S/O. KARUNAKARAN, ASHA BHAVANAM, UDHAYA GIRI, EDAMON VILLAGE. 4. BIJU, S/O. KARUNAKARAN, ASHA BHAVANAM, UDHAYA GIRI, EDAMON VILLAGE. CRL.M.C. NO. 3331/2009-D: 5. SARATH, MANOJ BHAVAN VEEDU, SATHRAM MUKKU, EDAMON VILLAGE. 6. AJEESH, S/O. BALAN, MANGODE MELETHIL VEEDU, UDAYAGIRI, EDAMON VILLAGE. 7. SUJEESH, S/O. GOPI, SUJEESH BHAVANAM, UDAYAGIRI, EDAMON VILLAGE. 8. SHANAVAS, S/O. BASHEER, SHANAVAS MANZIL, NEAR EDAMON RAILWAY STATION, EDAMON. *IMPLEADED AS ADDL. R3 TO R8 AS PER ORDER DTD. 12/11/09 IN CRL.M.A. NO.6107/2009. R1 BY PUBLIC PROSECUTOR MR. K.J. MUHAMMED ANSAR, R2 BY ADV. MR.R.KRISHNA KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3331 OF 2009 =========================== Dated this the 12th day of November,2009 ORDER Petitioner and respondents 3 to 8 are the accused in C.C.464/2008 on the file of Judicial First Class Magistrate Court-I, Punalur. Second respondent is the de facto complainant. Learned Magistrate has taken cognizance of the offences under sections 143,147,148,294(b),447, 427,324,and 506(i) read with section 149 of Indian Penal Code on Annexure A2 final report. The prosecution case is that in furtherance of the common object, petitioner and respondents 3 to 8 formed themselves into an unlawful assembly on 30.5.2006 at about 2 a.m and trespassed into the courtyard of the residential house of the second respondent and uttered obscene words and caused damages to the glasses of the windows of the house, tiles and asbestos sheets and also caused hurt to the minor child aged 2 ½ years by hitting with a rod and thereby committed the offence. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes between Crl.M.C.3331/2009 2 accused and respondent were settled amicably and as the offences alleged against the accused are personal in nature as against second respondent it is not in the interest of justice to continue the prosecution in view of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19). 2. Second respondent appeared through a counsel and filed an affidavit stating that there has been an amicable settlement of all the disputes with all the accused and consequent to the settlement, he has no grievance against them and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure 2 final report shows that the offence alleged against the accused are all offences purely personal in nature as against the second respondent. The affidavit filed by the second respondent, shows that entire disputes were settled between the parties. In such circumstances, as held by the Apex Court in Madan Mohan Abbot's case(supra) it is not in the interest of justice to continue the prosecution, especially when consequent to the settlement, chances of a successful prosecution is very bleak and the trial would only cause unnecessary waste of valuable time of the court. Crl.M.C.3331/2009 3 Petition is allowed. C.C.464/2008 on the file of Judicial First Class Magistrate Court-I, Punalur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006