IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Crl.MC.No. 3897 of 2010() -------------------------------------- CC.NO.980/2008 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT I, PARAPPANANGADI. ..... (CRIME NO.218/2001 OF TENHIPALAM POLICE STATION) ....... PETITIONER(S): 4TH ACCUSED: ------------------------------------------------ RAFEEQ, S/O. KUNHAPPU HAJI, MAMBURATHIYIL, PERUVALLUR AMSOM, PUTHUR DESOM, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER, RESPONDENT(S): STATE & INJURED: -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, THENHIPALAM- 673 636, MALAPPURAM DISTRICT. 2. ABDUL LATHEEF, S/O. MOHAMMEDALI, NARIMUKKAL HOUSE, NADUVATTOM AMSOM, MATHOTTAM, KOZHIKODE DISTRICT, PIN-673 614. 3. SHIHABUDHEEN, S/O. SAIDALAIKUTTY, KAVUNGUMTHOTTATHIL HOUSE, PERUVALLUR AMSOM DESOM, MALAPPURAM DISTRICT, PIN-673 638. *ADDL.R4 IMPLEADED: R4. MOIDEEN HAJI, S/O.KUTTIMU HAJI, KAVUNGUMTHOTTATHIL, PERUVALLOOR AMSOM, PUTHOOR DESOM, MALAPPURAM DISTRICT, PIN - 673 638. (*ADDL.R4 IS IMPLEADED AS PER THE ORDER DTD. 1/10/2010 IN CRL.M.A.NO.6124/2010 IN CRMC.NO.3897/10) R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 & R3 BY ADV. SRI.SANTHEEP ANKARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3897 OF 2010 --------------------------------------------- Dated 1st October, 2010 O R D E R Petitioner was the fourth accused in C.C.974/2001 on the file of Judicial First Class Magistrate's Court-I, Parappanangadi. As the petitioner was absconding, case against him was split up and re-filed as C.C.980/2008. By Annexure-A4 judgment remaining four accused were acquitted. Prosecution case is that on 9/7/2001 at about 6 a.m, five accused formed themselves into an unlawful assembly and in furtherance of their common object, committed rioting armed with deadly weapons and voluntarily caused hurt to respondents 2 to 4 and thereby committed the offences under Sections 143, 147, 148 and 324 read with Crmc 3897/10 2 Section 149 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against him contending that entire disputes were settled with respondents 2 to 4 and therefore, it is not in the interest of justice to continue the prosecution. Petitioner would contend that the disputes were taken up by the permanent Lok Adalath, Parappanangadi for settlement and by Annexure-A3, settlement was recorded but as all the offences are not compoundable, petitioners were permitted to recall the witnesses already witnessed. 2. Respondents 2 to 4 filed separate affidavits stating that they have settled all the disputes in the Adalath and they have no further grievance and have no objection for Crmc 3897/10 3 quashing the proceedings. 3. Learned counsel appearing for the petitioner, respondents 2 to 4 and learned Public Prosecutor were heard. 4. Annexure-A4 judgment of the learned Magistrate in C.C.974/2001 establishes that the offences alleged against the petitioner are purely personal in nature. Annexure-A4 also shows that after recording the evidence remaining four accused were already acquitted. Annexure-A3 proceedings of the Adalath and the affidavit of respondents 2 to 4 establish that respondents 2 to 4 have settled all the disputes with the petitioner. In such circumstances, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of Crmc 3897/10 4 justice to continue the prosecution as there is no likelihood of a successful prosecution. Petition is allowed. C.C.980/2008 on the file of Judicial First Class Magistrate's Court-I, Parappanangadi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.