IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4808 of 2010() ------------------------------- (CRIME NO.2509/2010 OF CENTRAL POLICE STATION, ERNAKULAM) ......... PETITIONER(S): ACCUSED NO.1 TO 5 ------------------------------------------- 1. NISHAD,S/O.MADHAVAN,AGED 36 YEARS, THARAYIL HOUSE,PUTHU VYPE. 2. NELSON,S/O.JOSE,AGED 42 YEARS, KANNANTHARA HOUSE,THEKKE MALIPPURAM. 3. JUSTIN,AGED 39 YEARS,S/O.JOSEPH, THUNDIYIL HOUSE,THEKKE MALIPPURAM. 4. BAIJU,AGED 29 YEARS,S/O.SASI, PAZHAMEL HOUSE,THEKKE MALIPPURAM. 5. PRASANTH @ UNNI,S/O.VIJAYAN,AGED 29 YRS, KUNNATH HOUSE,BELMO JUNCTION,SOUTH MALIPPURAM. BY ADV. SRI.K.V.SABU RESPONDENT(S): COMPLAINANT AND DEFACTO COMPLAINANT -------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. DEEPU,MADATHIL(H),KODUMAN.P.O, KODUMAN,PATHANAMTHITTA. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2BY ADV. SMT.A.R. REEJA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4808 OF 2010 =========================== Dated this the 17th day of December,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.P.52/2010 on the file of Judicial First Class Magistrate Court-II, Ernakulam taken cognizance for the offences under sections 143, 147, 148, 342, 367, 323, 324, 506(i) and 427 read with section 149 of Indian Penal Code on Annexure A3 final report. Prosecution case is that due to the enemity with the second respondent, who married the daughter of the sister of the first petitioner, petitioners formed themselves into an unlawful assembly with the common object of causing hurt to the second respondent and in furtherance of the common object armed with deadly weapons at about 11.30 a.m. on 6.9.2010 induced second respondent to reach Gosree Crl.M.C.4808/2010 2 road near old High Court building and took the second respondent from there a taxi car and caused hurt and thereafter stopped the car on the western side of Rajagiri convent in a vacant place and the petitioners inflicted injuries on various parts to the body of the second respondent and also took away his mobile phone worth Rs.4,000/- and thereby committed the offences. Petition is filed under section 482 of Code of Criminal Procedure contending that second respondent subsequently settled entire disputes with the petitioners and consequent to the settlement, 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 was in love with jayalakshmi, daughter of Santhosh and they married in a temple at Adoor but that marriage was not accepted by her family and subsequently she was taken to a Gulf country, to separate her from the second respondent and there was a detailed discussion with the family members of jayalakshmi Crl.M.C.4808/2010 3 and entire disputes were settled amicably and consequent to the settlement second respondent has no grievance against the petitioners and therefore he does not intend to proceed against the petitioners and hence he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure A3 final report shows that the offences alleged against the petitioners are purely personal in nature against second respondent. The affidavit filed by the second respondent establishes that second respondent 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) when the offences alleged are purely personal in nature and second respondent has settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Crl.M.C.4808/2010 4 Petition is allowed. C.P.52/2010 on the file of Judicial First Class Magistrate Court-II, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006