IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Crl.MC.No. 2960 of 2009() ------------------------- CC.433/2008 of JUDL. MAGI. OF FIRST CLASS-I (FOREST OFFENCES), THODUPUZHA .................... PETITIONER(S): ACCUSED 2,3 & 4: ---------------------------------------------------- 1. EBIN K.JACOB, S/O.K.A.JACOB, KAITHACKACHALIL HOUSE, MEENCUT P.O., CHITHRAPURAM, IDUKKI DISTRICT. 2. ARUN GANGADHARAN, S/O.P.K.GANGADHARAN, POOVATHINKAL HOUSE, KODUVELY P.O., TODUPUZHA. 3. SHIJU.T.L., S/O.K.THULASEEDHARAN, KULATHOOR HOUSE, EARAM, KARAMCODU P.O., KOLLAM DISTRICT. BY ADV. MR.K.S.ARUN KUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANILKUMAR, S/O.N.N.MOHANAN, AGED 22 YEARS, NADEPPILLIL HOUSE, ASHAMANNOOR P.O., ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR R2 BY ADV. MR PRABHU MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2960 OF 2009 =========================== Dated this the 29th day of September,2009 ORDER Petitioners are the accused 2 to 4 in C.C.433/2008 on the file of Judicial First Class Magistrate Court, Thodupuzha. Second respondent is the de facto complainant. Prosecution case is that the four accused, along with some other unidentified persons, formed themselves into an unlawful assembly on 22.1.2008 at about 3.45 p.m with the common object of inflicting injuries on the second respondent and in furtherance of the common object attacked second respondent and inflicted injuries and thereby committed offences under sections 143, 147,323,294(b) and 324 read with section 149 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the settlement arrived at, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure II affidavit stating that entire dispute with the petitioners have amicably settled and Crl.M.C.2960/2009 2 in view of the settlement second respondent is not interested in continuing the prosecution and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Considering the nature of the offence which is purely personal as against the second respondent, when entire disputes were amicably settled as evidenced by Annexure II affidavit of the second respondent, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) case it is not in the interest of justice to continue the prosecution. In view of the settlement even if petitioners are to be tried, chances of a successful prosecution is very bleak. It would result in only waste of valuable time of the court. In such circumstance, in the interest of justice the case is to be quashed. Petition is allowed. C.C.433/2008 on the file of Judicial First Class Magistrate, Thodupuzha as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006