IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 1273 of 2010() ------------------------------------- LP.17/2009 of ASSISTANT SESSIONS COURT, VADAKARA. .................... PETITIONERS/ACCUSED ------------------------------------ 1. CHALIL USMAN, S/O.KUNHAMMAD HAJI, PAMBANGATTU MEETHAL PARAMBATH HOUSE, NEELECHUKUNNU, KUTTIADY, KOZHIKODE DT. 2. ABUBAKKAR, S/O.KUNHABDULLA MUSLIAR, PAMBANGATTU MEETHAL PARAMBATH HOUSE, NEELECHUKUNNU, KUTTIADY, KOZHIKODE DT. 3. HAMSA, S/O.MUHAMMED, ODUKKANTAVIDA, NADAPURAM, KOZHIKODE DT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT/DEFACTO COMPLAINANT & COMPLAINANT: --------------------------------------------------------------------------------------- 1. MUSTHAFA, S/O.KUNHABDULLA, KOMBIYULLATHIL THAZHEKUNI, KUMMANKODE, NADAPURAM, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1BY ADV. SRI.RAJAN KUDUMBATHIL. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1273 OF 2010 =========================== Dated this the 8th day of September,2010 ORDER Petitioners are the accused in S.C.608/2005 now pending as L.P.17/2009 on the file of Assistant Sessions Court, Vadakara. First respondent is the injured de facto complainant. The offences alleged are under sections 452, 427 and 308 read with section 34 of Indian Penal Code. Prosecution case is that on 21.4.2004 at about 11 a.m. petitioners in furtherance of their common intention trespassed into the shop of the first respondent and caused damages to the furniture and after breaking the glass of the teapoy threatened the first respondent by inflicting hurt on his face committed the offences. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings Crl.M.C.1273/2010 2 pending before the Assistant Sessions Court contending that the offences alleged against the petitioners are purely personal in nature as against the first respondent and entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioners and consequent to the settlement he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure I final report taken cognizance by the learned Magistrate and committed to the Sessions Court establish that the offences alleged against the petitioners are purely personal in nature as against the first respondent, the injured. Annxure A2 affidavit of the first Crl.M.C.1273/2010 3 respondent establishes that entire disputes with the accused were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature and there has been a settlement of the disputes between the petitioners and the injured, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.17/2009 on the file of Assistant Sessions Court, Vadakara is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006