IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 Crl.MC.No. 3873 of 2009() ------------------------ CC.167/2009 of JUDL.FIRST CLASS MAGISTRATE COURT, TIRUR ................. PETITIONERS / ACCUSED NO.2 -6: ------------------------------------------------- 1. VIPIN C.P., S/O.GOPINATHAN, VIPANJIKA, AKARATHARA, PALAKKAD. 2. MUHAMMED SHAHEES P.V., S/O.HAMSA, PANIKKAVEETTIL, THOTTAKKARA, OTTAPPALAM. 3. RAMEES, S/O.UNNIKOYA, KUNNATHU HOUSE, CHERUVADY, MAVOOR. 4. SHINE, S/O.BALAN, USHUS, THOPPILANGADI, KANNUR. 5. RANDEEP, S/O.RAMAN, VALLIKKADAVATHU HOUSE, ENGANIYOOR, THRISSUR. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS / STATE / INJURED: --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION. 3. SINAN, S/O.SALIM, KALAPPURAKKAL HOUSE, THAIKKATTUKARA, ALUVA, ERNAKULAM. 4. SHABEEB, S/O.AZEEZ RAHMAN, NEXT, ARIPPRA, PERINTHALMANNA, MALAPPURAM. *ADDITIONAL RESPONDENTS 5 TO 7 IMPLEADED 5. SALAM ISMAIL, S/O. ISMAIL, VALIYAVEETIL HOUSE, MADAVOOR, CALICUT – 673 583. ...2/- Crl.MC.No. 3873 of 2009() -2- 6. ANANS, S/O. KAMMUKUTTY, KIZHAKKECHALIL HOUSE, MARA KARA, KADAMPUZHA – 676 518. 7. ABDUL MAJEED, S/O. MUHAMMAD ALI, KOTTACKAL, MALAPPURAM – 676 503. IMPLEADED AS ADDITIONAL RESPONDENTS AS PER ORDER DATED 16/11/2010 IN CRL.M.A. NO. 7185/2010. R1 & R2 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN R3 & R4 BY ADV. SRI.ANOOP MATHEW ABRAHAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3873 OF 2009 =========================== Dated this the 22nd day of December,2010 ORDER Petitioners are the accused and respondents 3 to 7 the de facto complainant and the injured in C.C.167/2009 on the file of Judicial First Class Magistrate Court, Tirur taken cognizance for the offences under sections 143, 147, 148, 341, 323 and 324 read with section 149 of Indian Penal Code on Annexure A2 final report. 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 respondents 3 to 7 were amicably settled and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 3 to 7 appeared through a Crl.M.C.3873/2009 2 counsel and filed separate affidavit stating that they have settled entire disputes with the petitioners and consequent to the settlement, they have no grievance against the petitioners and therefore they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 3 to 7 and learned Public Prosecutor were heard. 4. Annexure A2 final report shows that prosecution case is that on 28.1.2008 at about 4.45 p.m petitioners formed themselves into an unlawful assembly and in furtherance of the common object armed with deadly weapons, wrongfully restrained respondents 3 to 7 and caused hurt to them and thereby committed the offences. The offences alleged are purely personal in nature. The affidavits filed by respondents 3 to 7 establish that they have settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) Crl.M.C.3873/2009 3 when the offences alleged are purely personal in nature and respondents 3 to 7 settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.167/2009 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