IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 3994 of 2010(D) -------------------------------------- [CRIME NO.101/2010 OF CHAVARA POLICE STATION] .................... PETITIONERS: --------------------- 1. PRADEEP, S/O.FELIX, AGE 31 YEARS, ELSY MANDIRAM, KOVILTHOTTAM, CHAVARA P.O., KOLLAM DISTRICT. 2. SHIBU, S/O.ANTONY, AGED 31 YEARS, VADAKKADATHI VEEDU, KULANGARABHAGOM, CHAVARA P.O., KOLLAM DISTRICT. 3. SABU, S/O.JAMES, 34 YEARS, MEGHALAYAM, CHERUSSERIBHAGAM, CHAVARA P.O., KOLLAM DISTRICT. 4. APPUNNI, S/O.SHERIF, AGED 26 YEARS, JIJI BHAVANAM, CHERUSSERI BHAGAM, CHAVARA P.O., KOLLAM DISTRICT. BY ADV. SRI.N.SUNIL JOSEPH. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT. 2. ANCY, D/O.SOSAMMA, JAKWILIN MANDIRAM, CHERUSSERYBHAGAM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SRI.BIPIN B. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3994 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.993/2010 on the file of Judicial First Class Magistrate's Court, Karunagapally, taken cognizance for the offences under Sections 452, 323 and 427 read with Section 34 of Indian Penal Code on Annexure-A4 final report. Prosecution case is that due to the previous enmity with the husband of second respondent, with whom petitioners have several pending cases, in furtherance of their common intention on 22/1/2010 at about 12.30 a.m in the night, petitioners trespassed into the house of the second respondent by breaking open the door and caused damages to the household articles and also took away currency notes worth Rs.24,000/- and gold chain and ear ornaments worth Crmc 3994/10 2 Rs.80,000/- and caused hurt to the second respondent by beating her and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire disputes were settled amicably with the second respondent and consequent to the settlement, she is not interested to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled with the petitioners and therefore, she has no subsisting grievance against the petitioners and hence the case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A4 final report establishes Crmc 3994/10 3 that offences alleged against the petitioners are purely personal in nature against the second respondent. Affidavit filed by the second respondent establishes that she has 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 the offences alleged are purely personal in nature against the second respondent and second respondent has settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution, as there is no likelihood of a successful prosecution. Petition is allowed. C.C.993/2010 on the file of Judicial First Class Magistrate's Court, Karunagapally is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.