IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.MC.No. 875 of 2010() ------------------------------------ (C.C.NO.948/08 OF JFMC I, VARKALA) .... (CRIME NO.227/2008 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT) PETITIONER(S): ACCUSED 1 AND 2: ------------------------------------------------------- 1. NITHIN @ LUTTON, S/O.RAVEENDRANATHAN NAIR, AGED 21 YEARS, KURUKKAN VILAKOM VEEDU, NEAR VELIVILAKOM TEMPLE, VAKKOM DESOM AND VILLAGE, THIRUVANANTHAPURAM. 2. JITHIN @ JITHU, S/O.RAVEENDRANATHAN NAIR, AGED 21 YEARS, KURUKKAN VILAKOM VEEDU, NEAR VELIVILAKOM TEMPLE, VAKKOM DESOM AND VILLAGE, THIRUVANANTHAPURAM. BY ADVS. MR.M.R.RAJESH, SMT.A.K.PREETHA, MR.K.M.ALEXANDER. RESPONDENT(S): DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. RAJESH S/O.VIJAYAMOHANAN NAIR, AGED 30 YEARS, KARAMAL VEEDU, NEAR VELIVILAKOM TEMPLE, VAKKOM DESOM AND VILLAGE, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.SUMAN CHAKRAVARTHY R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.875 OF 2010 ------------------------------------------ Dated 31st March 2010 O R D E R Petitioners are the accused and first respondent the de facto complainant, who is also the injured in C.C.948/2008 on the file of Judicial First Class Magistrate-I, Varkala. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken and the pending proceedings contending that the offences alleged against the petitioners are purely personal in nature as against the first respondent and entire disputes between them were amicably settled and consequent to the settlement, it is not in the interest of justice to continue the prosecution. Crmc 875/10 2 2. First respondent appeared through a counsel and filed an affidavit stating that he has settled entire disputes with the petitioners and he has no subsisting grievance against the petitioners and in such circumstances, the case is to be quashed. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Prosecution case is that on 23/8/2008 at about 6.30 p.m petitioners in furtherance of their common intention caused hurt to first respondent due to the previous enmity, caused grievous hurt and hurt on first respondent and thereby committed offences under Sections 323, 324 and 326 read with Section 34 of Indian Penal Code. Offences alleged against the petitioners are purely personal in nature Crmc 875/10 3 against the first respondent. Affidavit filed by first respondent establishes that he has settled all the disputes amicably with the petitioners. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences are purely personal in nature and entire disputes were settled between the injured and accused and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.948/2008 on the file of Judicial First Class Magistrate-I, Varkala is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.