IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 4684 of 2010() ------------------------------------ CP.124/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): ACCUSED 1 - 3 ------------------------------------------------ 1. RASSI @ RASSEEF, AGED 30 YEARS, S/O. ASHARAF, VADAKKE VEEDU, KAZHAKKOOTTAM VILLAGE, VADAKKUMBHAKOM MURIYIL, THIRUVANANTHAPURAM DISTRICT. 2. GUSNAFER, AGED 32 YEARS, S/O. BASHEER, M A MANZIL, KAZHAKOOTTAM VILLAGE, THIRUVANANTHAURAM DISTRICT. BY ADV. SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANI KUTTAN, AGED 34 YEARS, S/O. THANKAPPAN, CHANTHAVILA MANNEDUTHAKUZHI VEETTIL, AIRUPPARA VILLAGE, THIRUVANANTHAURAM. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 BY ADV. SRI.M.BIJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4684 of 2010 -------------------------- ORDER Petitioners are accused 1 and 3 and second respondent, the defacto complainant, who is the injured, in C.P.No.124/2007 on the file of Judicial First Class Magistrate's Court-II, Attingal. Prosecution case is that on 29.8.2004 at about 7 p.m., petitioners, along with other accused, formed themselves into an unlawful assembly with the common object of causing hurt to second respondent and in furtherance of their common object, armed with deadly weapons, attacked him and inflicted injuries with the knowledge that it is likely to cause death of the second respondent and thereby committed offences under Sections 143, 147, 148, 324, 365 and 308 read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with CRMC 4684/10 2 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 subsequent to the registration of the case, entire disputes were settled amicably and no purpose will be served by continuing the trial and in view of the settlement of the disputes, there is no need to proceed with the prosecution further and he is not interested in prosecuting the case and hence, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Though offences under Sections 143, 147 and 148 with the aid of Section 149 of Indian Penal Code were alleged, final report discloses that only the identity of the petitioners and such accused could be ascertained. Annexure-IV final report also reveals that offences alleged against the accused CRMC 4684/10 3 are purely personal in nature. Affidavit filed by the second respondent establishes that he has settled entire disputes with all the accused. Learned counsel appearing for the second respondent also asserted that settlement is not with regard to the petitioners alone but with regard to all the accused and hence, the entire case can be quashed. 5. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the accused are purely personal in nature and the affidavit filed by the second respondent establishes that he has settled all the disputes with the accused, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.P.No.124/2007 on the file of Judicial First Class Magistrate's Court- III, Attingal is quashed. 21st December, 2010 (M.Sasidharan Nambiar, Judge) tkv