IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 Crl.MC.No. 3909 of 2010() ------------------------------------- CC.180/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM .................... PETITIONERS/A1 TO A11: ------------------------------------- 1. SHAIJU @ MUNNIAN, AGE 31, (A1) S/O.BHASKARAN, MANALIVILA VEEDU, NEAR MUKKIKADA JUNCTION, VATTAVILA WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. VIPIN @ KAMBILI, AGE 31 (A2) S/O.VASUNDARAN, SUDHA BHAVAN, NEAR MUKKIKADA JUNCTION, VATTAVILA WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. HARILAL @ HARI, AGE 32 (A3), S/O.DAMODARAN NAIR, NULLIVILA VEEDU, NEAR MUKKIKADA JUNCTION, VATTAVILA WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT 4. SURESH BABU @ BABU, AGE 35 (A4) S/O.NATARAJAN, ROHINI VEEDU, NEAR MUKKIKADA JUNCTION, VATTAVILA WARD ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 5. SURESH, AGE 26 (A5), S/O.PURUSHOTHAMAN, P.S.SADANAM, CHELLAMANGALAM, CHELLAMANGALAM WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 6. SUMESH, AGE 29 (A6) S/O.PURUSHOTHAMAN, P.S.SADANAM, CHELLAMANGALAM, CHELLAMANGALAM WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 7. AMBI, AGE 23 (A7), S/O.ANILKUMAR, PUTHUVELPUTHENVEEDU, NEAR MUKKIKADA JUNCTION, MANAKKAL WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM. Crl.MC.No. 3909 of 2010 8. SUMESH, AGE 28, S/O.VIJAYAN, (A8) LEKSHMI BHAVAN, NEAR MUKKIKADA JUNCTION, MANAKKAL WARD, ULIYAZHATHURA VILLAGE THIRUVANANTHAPURAM. 9. VISHNU SAM, AGE 22, (A9) S/O.SAMBHASHIVAN, VISHNU BHAVAN, NEAR MUKKIKADA JUNCTION, MANAKKAL WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM. 10. BIJU, AGE 34, S/O.PRABHAKARAN, (A10) BIJU VILASOM, NEAR MUKKIKADA JUNCTION, MANAKKAL WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM. 11. RAHUL SAM, S/O.SAMBHASHIVAN, (A11) VISHNU BHAVAN, NEAR MUKKIKADA JUNCTION, MANAKKAL WARD, ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE, CW1 & CW2: ------------------------------------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, SREEKARIYAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUBHASH @ RAMBAN, AGE 29 (CW1) S/O.VISHWANATHAN, RESIDED NEAR POWDIKONAM LIBRARY, PERMANENTLY RESIDING AT PARUTHIVILA VEEDU, KARIYAM, KARIYAM WARD, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM. 3. DIVYA, AGE 21 (CW2), D/O.GIRIJA, RESIDED NEAR POWDIKONAM LIBRARY PERMANENTLY RESIDING AT PARUTHIVILA VEEDU, KARIYAM, KARIYAM WARD, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 & R3 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3909 of 2010 -------------------------- ORDER Petitioners ate the accused and respondents 2 and 3, the defacto complainants and the injured in C.C.No.180/2009 on the file of Judicial First Class Magistrate's Court-I, Thiruvananthapuram, taken cognizance for the offences under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of Indian Penal Code. Prosecution case, as seen from Annexure-A final report, is that due to previous enmity against second respondent, on 9.3.2009 at about 12 mid night, petitioners formed themselves into an unlawful assembly with the common object of attacking the second respondent and in furtherance of their common object, wrongfully restrained second respondent and third respondent, who was along with the second respondent, armed themselves with dangerous weapons like pipe, caused hurt to the second respondent and also to the third respondent by pushing her and making her to fall CRMC 3909/10 2 and thereby, all the accused committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes between petitioners and respondents 2 and 3 were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners and consequent to the settlement, they have no subsisting grievance against the petitioners and therefore, they have no objection for recording the settlement and quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure-A final report establishes that offences alleged against the petitioners are purely CRMC 3909/10 3 personal in nature against respondents 2 and 3. Affidavits filed by respondents 2 and 3 establish that they have settled the entire disputes with the petitioners and consequent to the settlement, they have no subsisting grievance against the petitioners. 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 respondents 2 and 3 have settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution, as, consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. C.C.No.180/2009 on the file of Judicial First Class Magistrate's Court-I, Thiruvananthapuram is quashed. 23rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv