IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 4109 of 2010() ------------------------------------- CRIME NO.719/2009 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT. ................ PETITIONER/ACCUSED --------------------------------- SAJEEV, AGED 39 YEARS, S/O.SADANANDAN, MAMVILA VEEDU, PIDAVOOR, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.719/2009 OF PATHANAPURAM POLICE STATION, KOLLAM DISTRICT). 2. RADHA MOHAN, AGED 48 YEARS, S/O.GANGADHARAN NAIR, ANJANA VEEDU, PIDAVOOR, PATHANAPURAM, KOLLAM DISTRICT-689 695. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. SRI.VINOD KUMAR.C. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4109 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.2636/2009 on the file of Judicial First Class Magistrate's Court-III, Punalur taken cognizance for the offence under Sections 447, 294(b) and 506(i) of Indian Penal Code on Annexure-II final report submitted by Sub Inspector of Police, Pathanapuram. Prosecution case as seen from Annexure-II final report is that on 26/10/2009 at about 8.45 p.m due to the enmity against second respondent, while second respondent was in the Congress Party office, petitioner trespassed into the hall where second respondent was at that time Crmc 4109/10 2 and threatened him and also uttered obscene words and thereby committed the offence. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate, 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 an affidavit stating that he has settled all the disputes with the petitioner and hence he has no interest to prosecute the case further. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure-II final report establishes Crmc 4109/10 3 that offences alleged against the petitioner are purely personal in nature. Except the offence under Section 294(b) of Indian Penal Code, other offences are compoundable. Though offence under Section 447 of Indian Penal Code is alleged, it is for the reason that second respondent was there inside the hall of Congress Party office at that time and not that petitioner committed trespass into the party office as such. In view of the settlement, evidenced by the affidavit filed by the second respondent, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) it is not in the interest of justice to continue the prosecution, as consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. C.C.2636/2009 on the Crmc 4109/10 4 file of Judicial First Class Magistrate's Court-III, Punalur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.