IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Crl.MC.No. 717 of 2010() ----------------------------------- CC.1233/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ERNAKULAM .................... PETITIONER/ACCUSED --------------------------------- ABHILASH, S/O.MOHANAN, KURIKULAM HOUSE, PANANGAD.P.O, ERNAKULAM DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENTS/COMPLAINANT AND STATE -------------------------------------------------------------- 1. ALI, S/O.PAREEKKUTTY, AGED 57 YEARS, CHANEPPARAMBIL HOUSE, VENNALA DESHOM, EDAPPALLY SOUTH VILLAGE, ERNAKULAM DISTRICT. 2. STATE OF KERALA, THROUGH THE S.I.OF POLICE, CENTRAL POLICE STATION, KOCHI CITY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R1 BY ADV. MR.SAKIR.K.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.717 of 2010 -------------------------- ORDER Petitioner is the accused and first respondent, the defacto complainant in C.C.No.1233/2004 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offence under Section 511 of 379 of Indian Peal Code. Prosecution case is that on 24.4.2004 at about 12.45 p.m., petitioner attempted to commit theft of a bicycle belonging to the first respondent and thereby committed the offence. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the first respondent were settled amicably and in such circumstances, 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 entire disputes with the petitioner were settled amicably due to the intervention of mediators and he has no subsisting grievance against the petitioner and therefore, he has CRMC 717/10 2 no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. As is clear from Annexure-A1 final report, the offence alleged against the petitioner is that he attempted to commit theft of a bicycle belonging to the first respondent. The offence alleged is purely personal in nature. Affidavit filed by the first respondent establishes that there was an amicable settlement of the disputes between the parties. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when there has been a settlement of the disputes, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1233/2004 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. 2nd March, 2010 (M.Sasidharan Nambiar, Judge) tkv