IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 963 of 2010() ---------------------------------- CC.409/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, HOSDURG CRIME NO.90/2009 OF BEKAL POLICE STATION, KASARAGOD DISTRICT. .................... PETITIONERS/ACCUSED 1 TO 7 --------------------------------------------- 1. T.A. SIDDIQUE @ ABOOBACKER SIDDIQUE, FATHIMA MANZIL, KAKKOD, KALANAD, KASARAGOD DISTRICT. 2. HABEEB. B.P, S/O.IBRAHIM, SHIFA VILLA QUARTERS, CHALIYAMKODE, KALANAD, KASARAGOD DISTRICT. 3. C.B. ABBAS, S/O.ABDUL RAHIMAN, AKKARAKUNNEL HOUSE, POOTHOTTI, CHEMMANAD VILLAGE, KASARAGOD DISTRICT. 4. ASSAINAR. B.M, S/O.ABDULLAH, MAKOD HOUSE, MELPARAMBU, CHEMMANAD. 5. MOIDEEN JASID.T.A, S/O.MUHAMMED KUNHI, FATHIMA MANZIL, MAKOD, KALANAD. 6. SAJID. M, S/O.MUHAMMED KUNHI, POOKATH HOUSE, MAKOD, KALANAD. 7. ABDUL NAZEER. K.A, S/O.BENEER ABBAS, AGED 20 YEARS, RESIDING AT POOVATHOTTI HOUSE, CHEMMANAD VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.T.MADHU, SMT.C.R.SARADAMANI. RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. THE STATION HOUSE OFFICER, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.M. MOHAMMED NIYAS, S/O.ABDUL RAHIMAN, AGED 29 YEARS, RESIDING AT CHALIYAMKODE HOUSE, KALANAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. R2 BY ADV. MR.PAULY MATHEW MURICKEN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 963 OF 2010 =========================== Dated this the 19th day of March,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.409/2009 on the file of Judicial First Class Magistrate Court II, Hosdurg taken cognizance for the offences under sections 143, 147, 148, 324, 341 and 506(i) read with section 149 of Indian Penal Code on Annexure II final report. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire disputes were settled amicably. The seventh petitioner had earlier filed M.C.136/2010, to quash the case contending that the case as against him was settled with the second respondent . By Annexure 4 order, that petition Crl.M.C.963/2010 2 was dismissed finding that if the prosecution is to be quashed, there should be settlement with all the accused. Subsequently this petition is filed to quash the case as against all the accused contending that the entire disputes of all the accused with the second respondent were settled amicably. 2. The second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with all the accused and he and petitioners are now living as friends and consequent to the settlement, he has no grievance against them and he does not intend to proceed against any of the accused and therefore the case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure II final report establishes that the offences alleged against the petitioners are Crl.M.C.963/2010 3 purely personal in nature as against the second respondent. The affidavit filed by the second respondent establishes that entire disputes with the petitioners 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 against the petitioners are purely personal in nature and there has been settlement of the disputes between the accused and the injured, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.409/2009 on the file of Judicial First Class Magistrate Court-II is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006