IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4530 of 2010() ---------------------------------- CC.963/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... PETITIONER(S): A1 TO A2 ------------------------------------- 1. SHIBI, AGED 19 YEARS, S/O.DIVAKARAN, RESIDING AT SHANKUTHARA KIZHAKKATHIL, MEEKKADU, PANMANA P.O., PANMANA VILLAGE, KOLLAM DISTRICT. 2. SUNI @ SUNIL, AGED 23 YEARS, S/O.STEPHEN, TSUNAMI COLONY, PALLIPUREDAM VEETIL, CHITOOR VETIL, PANMANA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.N.SUNIL JOSEPH RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT. 2. LAKSHMANADAS, S/O.VISWANATHAN PILLAI, KALLAMPALLY VADAKKETHIL, CHITOOR MURI, PANMANA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 BY ADV. SRI.B.BIPIN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4530 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No. 963/2010 on the file of Judicial First Class Magistrate's Court, Karunagappally, taken cognizance for the offences under Sections 323, 341, 324 and 326 read with Section 34 of Indian Penal Code on Annexure-A2 final report. Prosecution case is that on 15.1.2010 at about 9.30 p.m., in furtherance of their common intention, due to previous enmity, petitioners wrongfully restrained second respondent by threatening him showing a knife, while he was riding a bicycle, near to the Temple at Panmana and beat him with iron pipes on his legs, causing fracture and thereby committed the offences. Petitioners originally filed Crl.M.C.No.4057/2010 to quash the FIR and further proceedings. But, as it was represented that final CRMC 4530/10 2 report was submitted and offences were taken cognizance, with liberty to challenge the final report, that petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the second respondent were settled amicably 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 a joint petition with the petitioners stating that as they have settled all the disputes amicably, case is to be permitted to be compounded. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A2 final report establishes that offences alleged against the petitioners are purely personal in nature against the second respondent. The joint petition filed by the second respondent CRMC 4530/10 3 with petitioners establishes that second respondent has settled all the disputes between them. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioners are purely personal in nature and all the disputes were settled amicably between petitioners and second respondent and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.963/2010 on the file of Judicial First Class Magistrate's Court, Karunagappally is quashed. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv