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. 3777 of 2010() ------------------------------------- CC.138/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-IV, KOZHIKODE .................... PETITIONERS/ACCUSED NUMBERS 1,2 AND 3 -------------------------------------------------------------------- 1. BIN PETER,S/O.PATHROS, MANKOTTIL HOUSE, KADAMATTOM PO, IKARANAD NORTH. 2. JAWAHAR MUSTAFA,S/O.MUSTAFA, PERUMANATHOTTATHIL HOUSE, MADAPPALLITHAZHAM, ALUVA EAST. 3. TIBIN PAUL KOSHY, S/O.PATHROS KOSHY, KUNNANKARA HOUSE, THAZHAKKARA AMSOM, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.M.ASOKAN, SRI.DEVAPRASANTH.P.J. RESPONDENTS/STATE/DEFACTO COMPLAINANTS --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, NADAKKAV POLICE STATION, KOZHIKODE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SALOOB, S/O.ABDURAHIMAN, KANJIRALA HOUSE, THONIKADAV ROAD, MAMPAD PO, MALAPPURAM DISTRICT. 3. FAHIZ, S/O.ABDURAHIMAN, KANJIRALA HOUSE, THONIKADAV ROAD, MAMPAD P.O, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 & R3 BY ADV. SRI.S.K.SAJU. 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.3777 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R Petitioners are the accused and respondents 2 and 3, the de facto complainants in C.C.138/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode taken cognizance for the offence under Section 379 of Indian Penal Code on Annexure-I final report. Prosecution case is that on 4/4/2008 at about 11 p.m, third respondent had parked motor cycle No.KL-10.W-2548, owned by his brother, second respondent on the courtyard of Hotel Sagar, Kozhikode and petitioners in furtherance of their common intention committed theft of the motor cycle and thereby committed the offence under Section 379 read with Section 34 of Indian Penal Code. Petition Crmc 3777/10 2 is filed under Section 482 of Code of Criminal Procedure to quash the case contending that entire disputes were settled amicably with respondents 2 and 3 and therefore, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that entire disputes were settled amicably with petitioners and they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. It is clear from Annexure-I final report that offences alleged against petitioners are purely personal in nature as against respondents 2 and 3. Affidavit filed by respondents 2 and 3 establish that they have Crmc 3777/10 3 amicably 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 (SC) when offences are purely personal in nature against respondents 2 and 3 and they have settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution, especially when consequent to the settlement, there is no likelihood of a successful prosecution and it would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.138/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3777/10 4