IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Crl.MC.No. 428 of 2009(A) ------------------------------ AGAINST THE ORDER IN LP 5/2008 IN CC.152/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, PERINTHALMANNA (CRIME NO.60/06 OF MELATTOOR POLICE STATION.) .................... PETITIONER(S)ACCUSED: ------------------------------- FIROS, S/O.RAFEEQ, 26 YEARS NALAKATH HOUSE, NANALADY, MANNARKAD. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S)/COMPLAINANT: ----------------------------------------- 1. C.P.MOHAMMED @ PERIYAMAN S/O. UNNIUNUPPU HAJI, CHAKKAPPATTU VEEDU, KARYAVATTOM AMSOM, MANNARMALA, MALAPPURAM DISTRICT 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. ADV. SRI.K.RAJESH SUKUMARAN FOR R2 SRI.K.RAJESH SUKUMARAN PUBLIC PROSECTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 428 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. O R D E R This petition is filed with a prayer to quash all proceedings in C.C.152/06(L.P.5/08) of the Judicial First Class Magistrate-II, Perinthalmanna. The petitioner herein is facing an accusation u/s 457 and 506(ii) IPC. A perusal of the F.I.Statement would reveal that the accusation against him is that when the wife of the defacto complainant entered the kitchen she saw a person and when she asked who he was, he rushed to open the door and when the wife and children cried he escaped from the place. There is nothing stated regarding the reason nor there any allegation regarding the intention behind all these things. Or in other words, as per the F.I.Statement a person has come, had pushed open the door and had threatened the wife and children. Now a statement is filed by both to the effect that they have compromised the matter and that the settlement between the petitioner and the 2nd respondent is based upon Crl.M.C. 428 OF 2009 -:2:- free will. The defacto complainant had also entered appearance through counsel and had admitted about the settlement between the parties. Then the only question is whether this is a case where proceedings can be quashed on the basis of settlement. In the decision reported in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), the Supreme Court had held in paragraph 5, “We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Crl.M.C. 428 OF 2009 -:3:- 2. Now, if the offence is of a personal nature, then certainly it will not affect the society at large. Turning to the facts of this case nothing serious has transpired except the fact that a man has pushed the door and threatened somebody. Now the persons involved therein have settled the matter and they do not want a further prosecution. So it is very clear that no effective purpose will be served by directing them to undergo a trial. Therefore taking into consideration the fact that the character of the case is of a purely personal nature and that no purpose will be served by directing them to undergo trial invoking the dictum laid down by the Supreme Court I am inclined to quash the proceedings under S.482 Cr.P.C. In the result the Crl.M.C. is allowed and all further proceedings in C.C.152/06 which is pending as L.P.5/08 of Judicial First Class Magistrate-II, Perinthalmanna is quashed. M.N. KRISHNAN, JUDGE. ul/-