IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 4236 of 2010() ------------------------------------ SC.878/2008 of SESSIONS COURT, KOLLAM CRIME NO.825/2004 OF KOLLAM EAST POLICE STATION. .................... PETITIONER(S): ACCUSED 1 TO 9 --------------------------------------------------- 1. LAIJU, S/O.SIDHARTHAN, AGED 34 YEARS, CHETTIYARUVILA VEEDU, SANTHI NAGAR, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. 2. SAIJU ALIAS PODIMON, S/O.SIDHARTHAN, AGED 27 YEARS, CHETTIYARUVILA VEEDU, SANTHI NAGAR, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. 3. BAIJU, S/O.SIDHARTHAN, AGED 31 YEARS, CHETTIYARUVILA VEEDU, SANTHI NAGAR, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. 4. SATHEESAN ALIAS SATHISH, AGED 44, S/O.ARJUNAN, SATHEESH BHAVAN, MULLUVILA, VADAKKEVILA P.O., KOLLAM. 5. SHIJU, S/O.ASHOKAN, AGED 33, SHIJU NIVAS, EAST OF KOCHUNAMBAYIKULAM TEMPLE, MULLUVILA, VADAKKEVILA P.O., KOLLAM. 6. JINOJ, S/O.VISWANATHAN, AGED 27, HOUSE NO.97, THONDALUVILA HOUSE, HARISREE NAGAR, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. 7. PAVIRAJ, S/O.PAVITHRAN, AGED 33, PANDIYAZHIKOM VEEDU, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. 8. ANIL ALIAS ANI, S/O.RADHAKRISHNAN, AGED 36, GOVINDANAZHIKOM VEEDU, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. 2/- /2/ CRMC. NO.4236/2010 9. SABU, S/O.BABU, AGED 28, SABU BHAVAN, NADAYIL KIZHAKKETHIL, MULLUVILA CHERIYIL, VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.ALAN PAPALI SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT/CHARGE WITNESS 1 TO 4 ------------------------------------------------ 1. STATE OF KERALA, (CRIME NO.825/2004 OF KOLLAM EAST POLICE STATION, DEPUTY SUPERINTENDENT OF POLICE, KOLLAM) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANURAJ, S/O.PURUSHOTHAMAN, KADANCHIRA HOUSE, ULLAS NAGAR, VADAKKEVILA P.O., KOLLAM 691584. 3. SHIBU, S/O.PURUSHOTHAMAN, KADANCHIRA HOUSE, ULLAS NAGAR, VADAKKEVILA P.O., KOLLAM 691584. 4. SUSEELA, D/O.KOCHAPPU, AATTUVARATHU VEEDU, NETHAJI NAGAR, VADAKKEVILA P.O., KOLLAM 691584. 5. SUDHEESH, S/O.CHELLAPPAN, AATTUVARATHU VEEDU, NETHAJI NAGAR, VADAKKEVILA P.O., KOLLAM 691584. R1 BY PUBLIC PROSECUTOR R2 TO R5 BY ADV. SRI.N.N.ARUN BECHU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4236 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioners are the accused and respondents 2 to 5 the de facto complainant and the injured in S.C.878/2008 on the file of Sessions Court, Kollam, taken cognizance for the offences under sections 143, 147, 148, 452,341, 323 and 324 read with section 149 of Indian Penal Code and section 3(i)(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989. Petition is filed under section 482 of Code of Criminal Procedure contending that the offences alleged against the petitioners are purely personal in nature against respondents 2 to 5 and entire disputes were settled amicably and the incident occurred on a mistaken belief that respondents 2 and 3 had removed the gold chain from the neck of the child of fourth Crl.M.C.4236/2010 2 petitioner and subsequently the gold chain was recovered and the petitioners sought pardon from respondents 2 to 5 and the entire disputes were settled amicably and hence it is not in the interest of justice to continue the prosecution. 2.Respondents 2 to 5 appeared through a counsel and filed separate affidavits stating that entire disputes were settled amicably and being neighbours, to maintain the cordiality and the good relationship, it is necessary to quash the proceedings. 3. Learned counsel appearing for petitioners, respondents 2 to 5 and the learned Public Prosecutor were heard. 4. Learned Public Prosecutor also submitted that statement of respondents 2 to 5 recorded show that they have settled all the disputes. 5. Annexure I the final report discloses that prosecution case is that on the belief that respondents 2 and 3 have taken the gold chain from the neck of the child of the fourth petitioner, on Crl.M.C.4236/2010 3 31.10.2004 at 10 a.m, petitioners formed themselves into an unlawful assembly and armed with deadly weapons like granite stones and sticks went to the house of respondents 2 to 5 and under the guise that something is to be disclosed called respondents 2 and 3 and took them to the southern side of the road leading to Ammukavu addy Mulluvila and caused hurt to respondents 2 and 3. When respondents 4 and 5 tried to help them, they were also attacked and hurt was caused. Third respondent was taken to a nearby thodu and was pushed into the water threatening that he will be drowned. Respondents 2 to 5 were also insulted, calling the caste name and thereby committed the offences. It discloses that the offences alleged are purely personal in nature against respondents 2 to 5. 6. Affidavit filed by respondents 2 to 5 establish that they have settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT Crl.M.C.4236/2010 4 19)and Nikhil Merchant v. Central Bureau of Investigation (2008(3) KLT 769) when the offences alleged are purely personal in nature and respondents 2 to 5 the injured and the victims settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution, especially when consequent to the settlement there is no likelihood of a successful prosecution and the trial would only result in unnecessary waste of valuable time of the court. Petition is allowed. S.C.878/2008 on th file of Sessions Court, Kollam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006