IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 3053 of 2009() ------------------------- CRIME NO.222/2008 OF CHANDERA POLICE STATION PETITIONER(S): ACCUSED NOS.1 & 2 -------------------------------- 1. N.K.MUNEER, AGED 24 YEARS, S/O.ABDUREHIMAN, NAYIKARULATHU, KANTHALOTTU, PADANNA, PADANNA VILLAGE, KASARAGOD DISTRICT. 2. RASHID, AGED 20 YEARS, S/O.IBRAHIM, N.K.HOUSE, PADANNA VADAKKEPURAM, PADANNA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & CRIME WITNESS 2 TO 4 ------------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NIKESH.T, AGED 26 YEARS, S/O.SASIDHARAN, R/AT M.R.V.H.S., PADANNA, PADANNA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. NISHA.T, AGED 28 YEARS, W/O.SUDHEERKUMAR, R/AT BEHIND M.R.V.H.S. PADANNA, PADANNA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. NILAKESH.T, AGED 20 YEARS, S/O.KUMARAN, PADANNA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI ADV. SRI.TOJAN J. VATHIKULAM FOR R2-4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3053 OF 2009 =========================== Dated this the 5th day of October,2009 ORDER Petitioners are the accused in Crime No.222/2008 of Chandera Police Station registered for the offence under sections 3(1)X and XI of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities )Act,1989 on recording the First Information Statement of second respondent. The allegations in Annexure A1(a) First Information Statement is that fourth respondent had purchased a recharge coupon from the shop of the accused on 4.7.2008, but the coupon did not have the number and there was a dispute which was settled and the money paid was returned on 5.7.2008 and thereafter 7.7.2008 at about 7.30 p.m fourth respondent went to the shop to purchase recharge coupon and he was scolded uttering the caste name and on hearing about it, third respondent also went there along with the second respondent and they were also scolded uttering their caste name and petitioners thereby committed the offence under Annexure A1 F.I.R. This petition is filed under section 482 of Code of Criminal Procedure Crl.M.C.3053/2009 2 to quash Annexure A1 F.I.R and the proceedings contending that entire disputes with respondents 2 to 4 were settled amicably. Annexure A2 agreement entered into by respondents 2 to 4 with the petitioners settling the disputes and agreeing to file affidavit before this court was produced to establish the settlement. 2. Respondents 2 to 4 appeared through a counsel and each of them filed separate affidavits stating that entire disputes were amicably settled and they have no subsisting grievance against the petitioners and in such circumstance they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 to 4 and the learned Public Prosecutor were heard. 4. Annexure AII agreement along with the separate affidavits filed by respondents 2 to 4 establish that the entire disputes were settled amicably. Annexure A1 establish that offence is purely personal against respondents 2 to 4. In such circumstance, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime 222/2008 of Chandera Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.3053/2009 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006