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. 4008 of 2010() ----------------------------------- CC.366/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 TO 3 ----------------------------------------------- 1. MANOJ S/O MOHANAN, KARIMPALATHU MELATHIL VEEDU, KUNNUVARAM, WARD NO.15, KUNNUVARAM PANCHAYAT, ALAMCODE VILLAGE, CHIRAYINKEEZHU TALUK. 2. VINOD KUMAR, S/O.KUTTAPPANASSERY, TC 37/1164, LOUIS COMPOUND, ODANAKUZHY, THIRUMALA WARD, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. 3. SHAJU, S/O.GANGADHARAN NAIR, RADHA BHAVAN, ALAMCODE KUNNUVARAM, CHIRAYINKEEZHU TALUK. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SURESH S/O SURENDRAN, RADHA BHAVAN, ALAMKODE KUNNUVARAM, CHIRAYINKEEZHU TALUK. R1 & R2 BY ADV. SRI.S.K.VINOD BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4008 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.366/2007 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram, taken cognizance for the offences under Sections 341, 323 and 332 read with Section 34 of Indian Penal Code. Prosecution case is that on 8/9/2007 at about 6.40 p.m, while second respondent was the conductor of K.S.R.T.C bus No.TN-988, petitioners in furtherance of their common intention wrongfully restrained second respondent and caused obstruction to his work and also caused hurt to the second respondent by beating on Crmc 4008/10 2 his head and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate taken cognizance on Annexure-B final report, contending that entire disputes with the second respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second 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 subsisting grievance against the petitioners and therefore, the proceedings is to be quashed. 3. Second respondent along with the petitioners filed a joint petition, seeking Crmc 4008/10 3 permission to compound the offences stating that entire disputes were settled. As offence under Section 332 of Indian Penal Code is not compoundable, permission sought to compound the offence cannot be granted. 4. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 5. Annexure-B final report shows that offences alleged against the petitioners are purely personal in nature. Affidavit filed by the second respondent with the joint petition, establish that entire disputes were settled amicably and consequent to the settlement, second respondent has no subsisting grievance against the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences are Crmc 4008/10 4 purely personal in nature and the disputes were settled by the second respondent and petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.366/2007 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.