IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4415 of 2010() ------------------------- CC.460/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... (CRIME NO.365/2008 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT) .... PETITIONER(S): ACCUSED: ----------------------------------------- SOORAJ JOSEPH,S/O.JOSEPH, VADAKKEMUTTAPPILLIL HOUSE,MARADY VILLAGE, MUVATTUPUZHA. BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.S.PRAVEEN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. JACOB JOHN,AGED 56 YEARS, S/O.CHACKO,VADAKKEMUTTAPPILLIL HOUSE, MARADY VILLAGE,MUVATTUPUZHA. 3. NITHIN JACOB,S/O.JACOB JOHN, AGED 26 YEARS,VADAKKEMUTTAPPILLIL HOUSE, MARADY VILLAGE, MUVATTUPUZHA. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 & R3 BY ADV. SRI.P.P.BIJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------------------------- Crl.M.C. No. 4415 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioner is the accused and respondents 2 and 3, the de facto complainant and the injured in C.C.460/2008 on the file of Judicial First Class Magistrate, Muvattupuzha taken cognizance for the offences under Sections 341, 323, 452, 427, 294(b) and 506 (1) of Indian Penal Code on Annexure-1, final report. Annexure-1 shows that prosecution case is that on 19.03.2008 at about 7.15 p.m., petitioner trespassed into the residential house of respondents 2 and 3 and caused hurt to the third respondent by beating on his left cheek and kicking on his abdomen and when second respondent tried to intervene, he was wrongfully restrained and was beaten on his head and kicked on his abdomen and they threatened that they will be killed and also uttered obscene words and committed damages to the house by breaking the glass of the windows and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings before the learned Magistrate contending Crl.M.C. No. 4415 of 2010 2 that the entire disputes were settled amicably with respondents 2 and 3. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioner amicably and consequent to the settlement they have no subsisting grievance against the petitioner and hence, they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 4. The affidavits filed by respondents 2 and 3 establish that they have settled all the disputes with the petitioner. Annexure A1 final report shows that the offences alleged against the petitioner are purely personal in nature against respondents 2 and 3. As held by the Apex Court Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in nature against respondents 2 and 3 and they have settled the disputes with the petitioner and consequently there is no likelihood of a successful prosecution, Crl.M.C. No. 4415 of 2010 3 it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.460/2008 on the file of the Judicial First Class Magistrate, Muvattupuzha is quashed. M.SASIDHARAN NAMBIAR, JUDGE ln.