IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4483 of 2010 ---------------------------------- [CC.NO.181/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-III, THIRUVANANTHAPURAM] .................... PETITIONER/A3: ------------------------ SHIVAPRASAD, S/O.SAHADEVAN, THEKKALAPURATHU VEEDU, NEAR FCI GO-DOWN, MENAMKULAM VILLAGE, KAZHAKUTTOM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/CW1 & CW2: ------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. MANIYAN, AGE 60, (CW1), S/O.CHELLAPPAN, NEAR BHARAT PETROLEUM GAS PLANT, MENAMKULAM VILLAGE, KAZHAKUTTOM-695 104. 3. SANTHOSH, AGE 27 (CW2), S/O.MANIYAN, OORUVILAKATHU VEEDU, NEAR BHARAT PETROLEUM GAS PLANT, MENAMKULAM VILLAGE, KAZHAKUTTOM-695 104. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. R2 BY ADV. SRI. DHEERENDRA KRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C. No.4483 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R Petitioner is the third accused in C.C.No. 181 of 2009 on the file of Judicial First Class Magistrate Court-III, Thiruvananthapuram taken cognizance for the offences under Sections 323, 324, 452, 427 and 506 (ii) r/w 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 2 and 3, the de facto complainant and the injured, were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Petitioner would also contend that accepting the settlement, this Court has already quashed the case as against the first accused by Annexure-D judgment in Crl.M.C. No.3366 of 2009 and as against the second accused by Annexure-E judgment in Crl.M.C No. 670 of 2010. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioner and, therefore, they have no objection for quashing the proceedings. 3. In view of Annexure-D and Annexure-E orders quashing the proceedings as against the accused 1 and 2 accepting the Crl.M.C. No.4483 OF 2010 2 settlement and the affidavits filed by respondents 2 and 3 which establish that they have settled the disputes with the petitioner, it is not in the interest of justice to continue prosecution. Petition is allowed C.C.No. 181 of 2009 on the file of Judicial First Class Magistrate Court-III, Thiruvananthapuram against petitioner, the third accused is quashed. M.SASIDHARAN NAMBIAR, JUDGE mns