IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1224 of 2010() ------------------------------------- LPC.20/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR. CRIME NO.321/2003 OF PAZHAYANGADI POLICE STATION. .................... PETITIONER/ACCUSED: ----------------------------------- MUKOLAKATH MAJEED, S/O.MAYIN, AGED 42 YEARS, FATHIMA MANZIL, RESIDING NEAR SREEKANDAPURAM COMMUNITY HALL, SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. MR.P.BABU RESPONDENTS/DEFACTO-COMPLAINANT: --------------------------------------------------------------- 1. ANAKKARAN THALAKKALE PURAYIL RABIYA, AGED 42 YEARS, W/O.NOORDHEEN HAJI, RESIDING AT NERUVAMBRAM, EZHOM AMSOM, P.O.PAZHAYANGADI, KANNUR TALUK. 2. STATE OF KERALA REPRESENTED BY COURT OF KERALA, PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.HANSON.P.MATHEW. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1224 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.888/2003 now pending as L.P.20/2007 on the file of Judicial First Class Magistrate's Court, Payyannur taken cognizance for the offences under sections 341, 323 and 506(ii) of Indian Penal Code on Annexure II final report. Annexure II report shows that prosecution case is that on the evening of 7.8.2003 at about 6.30 p.m when petitioner was trying to give some material to his mother Kadeeja first respondent objected and for that reason petitioner hit on her face with his hands and pushed her down and showing a pen-knife threatened her that she will be killed and thereby committed the offences. This petition Crl.M.C.1224/2010 2 is filed under section 482 of the Code of Criminal Procedure to quash the proceedings before the Magistrate contending that entire disputes of the petitioner and first respondent were settled amicably and consequent to the settlement it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that petitioner is the younger brother of her husband and entire disputes were settled amicably and now they are living as close relatives cordially and hence the case is to be quashed. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Petitioner is the brother of the husband of the first respondent. The final report shows that the offences alleged against the petitioner are purely personal in nature against the first respondent. The affidavit filed by the first Crl.M.C.1224/2010 3 respondent establishes that entire disputes with the petitioner were settled. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) when the offences alleged are purely personal in nature and the disputes between the injured and the accused were settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.20/2007 on the file of Judicial First Class Magistrate's Court, Payyannur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006