IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4097 of 2010() ----------------------------------- ( C.C.774/2008 OF THE COURT OF THE JMFC-IV, KOZHIKODE) --------------------- PETITIONER(S): ACCUSED ------------------------------------- 1. NIKHIL.P., KOMALAM HOUSE, KARUVANTHIRUTI, (VIA) FEROKE, KOZHIKODE. 2. JERSHAD, CHIRAKKAL PARAMBA, RADHAKRISHNA ASHRAMAM, P.O.GURUVAYOORAPPAN COLLEGE CALICUT. 3. SANAL CHOTTU, "SOPANAM", P.O.PUDUPPANAM, VATAKARA. 4. K.R.RAKESH, KODUNGAT HOUSE, P.O.THALEEKKASSERI, PALAKKAD. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. JAFFER, S/O.SAIDALAVI, CHATHIPARAMBIL HOUSE, NEDIYIRIPPU P.O., KONDOTTY, MALAPPURAM DISTRICT.PIN-673 638 2. ATHUL.J., S/O.JAYAPRAKASH, KOCHERIYIL HOUSE, UZHAVOOR AMSOM, MEENACHIL TALUK, KOTTAYAM DISTRICT, PALAI.P.O., PIN-686 589. 3. SHAFFEQUE REHMAN K.V., S/O.ABDUL LATHEEF, KARUPPAKA HOUSE, PONNANI, MALAPPURAM DISTRICT.PIN- 679 577 4. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VELLAYIL POLILCE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV. SREEJITH. S.R. R4 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4097 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER Petitioners are the accused and respondents 1 to 3 the de facto complainant who is also the injured in C.C.774/2008 on the file of Judicial First Class Magistrate Court-IV, Kozhikode taken cognizance for the offences under sections 143, 147, 148,448 and 324 read with section 34 of Indian Penal Code, on Annexure A final report. Prosecution case is that due to previous enemity on 28.3.2008 accused formed themselves into an unlawful assembly with the common object of causing hurt to respondents 1 to 3 and in furtherance of the common object at about 11.30 p.m armed with deadly weapons trespassed into the hospital where respondents 1 to 3 had gone for treatment as out patients and inflicted injury and thereby committed the Crl.M.C.4097/2010 2 offences. This petition is filed under section 482 of Code of Criminal Procedure to quash the case pending against them contending that entire disputes with respondents 1 to 3 were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 to 3 appeared through a counsel and filed a joint statement with the petitioners stating that they have settled all the disputes amicably and consequent to the settlement, respondents 1 to 3 have no subsisting grievance against the petitioners and they have compounded the offences and therefore the case is to be quashed. 3. Learned counsel appearing for petitioners , respondents 1 to 3 and learned Public Prosecutor were heard. 4. Annexure A1 final report establishes that the offences alleged against the petitioners are purely personal in nature against respondents 1 to Crl.M.C.4097/2010 3 3. The wound certificate produced along with the final report shows that respondents 1 to 3 did not sustain any grievous hurt. 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 consequent to the settlement, there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.774/2008 on the file of Judicial First Class Magistrate-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006