IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 3184 of 2009() ------------------------- CC.1333/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM CRIME NO.41/2005 ERNAKULAM TOWN SOUTH POLICE STATION .................... PETITIONER(S)/ACCUSED 2 TO 5: --------------- 1. SYAM XAVIER, S/O. XAVIER, CHILANCHERRYPUTHEVETTIL HOUSE, NEAR ST. JOSEPH AUDITORIUM, AMALABHAVAN ROAD, KADAVANTHARA, KOZHI-20. 2. NOBLE, S/O. VARGHESE, KOCHUPARAMBIL HOUSE, MOTHER THERESA NAGAR, KADAVANTHARA, KOCHI-20. 3. DIXON, S/O. DEVASSY, PATTATHIL HOUSE, KADAVANTHARA, KOCHI-20. 4. SUDHEER, S/O. MANOHARAN, THITTAYIL HOUSE, VIDYA NAGAR ROAD, KADAVANTHRA, KOCHI-20. BY ADV. SRI.MANU ROY RESPONDENT(S)/STATE / DE FACTO COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, 2. POULOSE, S/O. VARKEY, NADUVATHUSSERY HOUSE, CHILAVANNUR, KOCHI-20. 3. MANU, S/O. VARKEY, NADUVATHUSSERY (H) CHILAVANNUR, KOCHI-20. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR R2 & R3 BY ADV.N.R.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: uj. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3184 OF 2009 =========================== Dated this the 5th day of October,2009 ORDER Petitioners are accused 2 to 5 in C.C.1333/2005 on the file of Additional Chief Judicial Magistrate Court, Ernakulam taken cognizance for the offence under sections 143,147,148,448, 324 read with section 149 of Indian Penal Code on Annexure 3 final report. Prosecution case is that in furtherance of the common object, the five accused formed themselves into an unlawful assembly on 26.1.2005 at 9 p.m and trespassed into the property of the second respondent and armed with deadly weapons attacked respondents 2 and 3 and caused hurt and thereby committed the offences. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 2 and 3 were amicably settled and therefore it is not in the interest of justice to proceed with the case. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that entire disputes were amicably settled and first accused Crl.M.C.3184/2009 2 Vijayakumar Unnikrishnan is no more and in view of the settlement of the disputes, there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners , respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure 3 final report establishes that the offences alleged against petitioners are purely personal in nature as against respondents 2 and 3. Annexure 4 and 5 affidavits filed by respondents 2 and 3 establish that entire disputes with petitioners were amicably settled. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences are purely personal in nature and the disputes were settled between the parties, 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. Petition is allowed. C.C.1333/2005 on the file of Additional Chief Judicial Magistrate Court, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.3184/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006