IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Crl.MC.No. 767 of 2010() ---------------------------------- CC.501/2006 of JUDL.MAGISTRATE OF FIRST CLASS - I, PARAVUR .................... PETITIONER(S): ACCUSED 1-6: ---------------------- 1. JAISON, S/O.PERSY, CHAMMANKULATH VEETTIL, PIZHALA, KADAMAKUDY, ERNAKULAM. 2. JOSY, S/O.FRANCIS, EERATHARA VEETTIL, PIZHALA, KADAMAKUDY, ERNAKULAM DISTRICT. 3. LENIN, S/O.SILVESTER, PIZHALA, KADAMAKUDY, ERNAKULAM DISTRICT. 4. JOSY, S/O.MICHAEL, KADAVIL VEETTIL, PIZHALA, KADAMAKUDY, ERNAKULAM DISTRICT. 5. JOSY @ OASA, S/O.ANTHAPPAN, CHAKKALACKAL VEETTIL, PIZHALA, KADAMAKUDY, ERNAKULAM DISTRICT. 6. SAIJU, S/O.GEORGE, PUTHUSSERY VEETTIL, PIZHALA, KADAMAKUDY, ERNAKULAM DISTRICT. BY ADV.MR.MANSOOR.B.H. RESPONDENT(S): DEFACTO-COMPLAINANT: ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT. 2. SATHEESAN, S/O.LAKSHMANAN, PALYAMTHURUTHU, PIZHALA, KADAMAKUDY, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR R2 BY ADV. SMT.C.SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.767 OF 2010 ------------------------------------------ Dated 22nd March 2010 O R D E R l Petitioners are the accused and second respondent the de facto complainant in C.C.501/2006 on the file of Judicial First Class Magistrate, North Paravur taken cognizance for the offences under Sections 143, 147, 148, 323 and 324 read with Section 149 of Indian Penal Code on Annexure-1 final report. Prosecution case is that petitioners formed themselves into an unlawful assembly with the common object of causing hurt to second respondent and in furtherance of the common object, at about 2.45 p.m on 7/7/2002 first petitioner hit on the back side of the head of the second respondent with a brick and second Crmc 767/10 2 petitioner threw a brick at him causing hurt on the ankle of left leg and other petitioners also caused hurt by beating and kicking and they thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that offences alleged against the petitioners are purely personal in nature against second respondent and second respondent has settled the entire disputes with the petitioners and he has no subsisting grievance against the petitioners and therefore, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed affidavit stating that all the petitioners are his neighbours and all the disputes involved in the case have been settled between them and he has no objection Crmc 767/10 3 for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-1 final report establishes that offences alleged against the petitioners are purely personal in nature against second respondent. Affidavit filed by second respondent establishes that he has settled entire disputes with the petitioners and has no subsisting grievance against them. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences alleged are purely personal in nature as against second respondent and second respondent has settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution as Crmc 767/10 4 ultimately consequent to the settlement, there cannot be a successful prosecution. Petition is allowed. C.C.501/2006 on the file of Judicial First Class Magistrate, North Paravur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.