IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 4061 of 2010() ----------------------------------- ( CRIME NO. 40/2009 AND CC.256/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR ) .................... PETITIONER(S)/ ACCUSED 1 TO 3: ------------------------------------------------- 1. VISHAL AGED 21 YEARS, S/O.SURENDRAN,V.V.VILLA, VMC JUNCTION, PAZHAKULAM PADINJARU MURI, PALLIKKAL 2. UNNIKRISHNAN @ MANIKKUTTAN, AGED 19 YEAR S/O.SIVASANKARAPILLAI, KALIMANGALAM, LEKHMIBHAVAN, VMC JUNCTION, PAZHAKULAM PADINJARU MURI, PALLIKKAL 3. VIVEK AGED 20 YEARS, S/O.SURENDRAN, V.V.VILLA, VMC JUNCTION, PAZHAKULAM PADINJARU MURI, PAKKIKKAL BY ADV. SRI. K.SHAJ SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S)/ STATE AND CW1: -------------------------------------------------- 1. STATE OF KERALA , REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM 2. VINEETH, AGED 18 YEARS, S/O.VENUGOPALAN, VINEETH BHAVAN, NEAR PUNTHALAVAEETTIL TEMPLE, PAHZHAKULAM EAST, PERINGANADU. R1 BY PUBLIC PROSECUTOR SRI.P.A. SALIM R2 BY ADV. SRI.SAIJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4061 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.256/2009 on the file of Judicial First Class Magistrate, Adoor taken cognizance for the offence under section 294(b) and 324 read with section 34 of Indian Penal Code on Annexure A1 final report. Prosecution case is that on 9.1.2009 due to the fact that petitioners are members of BJP and the second respondent is a DYFI worker and the political enemity, at about 8 p.m. petitioners caused hurt to second respondent by beating on his head with the stump of tapioca and stabbed him with a knife, a dangerous weapon, after insulting him using abusive language and thereby committed the offences. This petition Crl.M.C.4061/2010 2 is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with second respondent were amicably settled and consequent to the settlement, petitioners have no subsisting grievance against the petitioners and therefore it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled the entire disputes with the petitioners and it was under a mistaken impression the statement was lodged before the police against the petitioners and now he has no subsisting grievance and therefore the case is to be quashed. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure A1 final report shows that offences alleged against the petitioners are purely personal in nature. The affidavit filed by the second respondent establishes that he has settled Crl.M.C.4061/2010 3 all the disputes with 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 the disputes were settled between the injured and petitioners 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.256/2009 on the file of Judicial First Class Magistrate Court, Adoor is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006