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. 3487 of 2009() -------------------------------- CC.655/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO.104/2008 OF KUTTIPURAM POLICE STATION ............................... PETITIONER(S): ACCUSED: ----------------------- 1. ARSHAD, S/O.ABDUL SAMAD, VELIYETHEL HOUSE, PUNNAYOORKULAM, THRISSUR DISTRICT. 2. JASIR, S/O.SULAIMAN, KATTILAKKARAN HOUSE PONNANI NAGARAM, MALAPPURAM DISTRICT. 3. JUNAID, S/O.ABDUL SALAM, PULIKUNNU, MANJERI, MALAPPURAM DISTRICT. 4. SHAHEER AHAMMED, S/O.AHAMMED, KARIMBANAKKAL HOUSE, KUMARANELLUR, PALAKKAD DISTRICT. 5. SHABEEB, S/O.SHAMSUDHEEN, CHEDILAVALAPPIL HOUSE, KALOOR, KUMARANELLUR, PALAKKAD DISTRICT. 6. SYAMRAJ, S/O.UNNIYAPPAN, KANAKOTTU HOUSE VELIYAMCODE, MALAPPURAM DISTRICT. 7. JISHAN, S/O.MANJEED, ULLERI, ATHOLI, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE & DEFACTO COMPLAINANTS: -------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SHABEEB, S/O.AZEES, KUNNATH HOUSE, ARIPRA, ANGADIPURAM, MALAPPURAM DISTRICT. Crl.MC.No. 3487 of 2009 3. YASIR, S/O.MOOSAKUTTY, KATTILAKAM HOUSE, ERAHIPALAM, PONNANI, MALAPPURAM DISTRICT. ADV. SMT.M.T.SHEEBA FOR R2 & 3 PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR FOR R1. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2009, ALONG WITH CRMC NO. 3493 OF 2009 CRMC NO. 3498 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SS M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3487 OF 2009 =========================== Dated this the 12th day of November,2009 ORDER Petitioners are the accused and respondents 2 and 3 de facto complainant and the injured in C.C.655/2008 on the file of Judicial First Class Magistrate Court, Tirur taken cognizance for the offences under sections 143,147,148,323, 341, 324 read with section 149 of Indian Penal Code on Annexure A final report submitted by Sub Inspector of Police, Kuttipuram Police Station. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the offences alleged against the petitioners are purely personal in nature and the entire disputes between the petitioners and respondents 2 and 3 were amicably settled out of court and in such circumstance, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed Annexure B affidavit stating that they have settled the disputes with the petitioners and both of them were students of M.E.S Engineering College, Crl.M.C.3487/2009 2 Kuttipuram at the time of the incident and in such circumstances, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure A final report shows that prosecution case is that while petitioners and respondents 2 and 3, were studying in M.E.S. Engineering College, Kuttipuram on 28.2.2008 at about 11.45 a.m in furtherance of their common object of inflicting injuries on respondents 2 and 3 petitioners formed themselves into an unlawful assembly and thereafter caused hurt to respondents 2 and 3 and thereby committed the offence. The offences are purely personal in nature as against respondents 2 and 3. The affidavit filed by respondents 2 and 3 establish that there was an amicable settlement of all the disputes by the intervention of mediators and they have no grievance against the petitioners at present. In such circumstances, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when there was an amicable settlement of all the disputes between the petitioners and the accused and consequent to the settlement, even if petitioners are to be tried, there is no likelihood of a conviction, it is Crl.M.C.3487/2009 3 not in the interest of justice to continue the prosecution. In such circumstance,in the interest of justice the case to be quashed. Petition is allowed. C.C.655/2008 on the file of Judicial First Class Magistrate Court, Tirur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006