IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Crl.MC.No. 3842 of 2010() ----------------------- PETITIONER(S): --------------- 1. KAMARUDHEEN, S/O.ABDUL KHADER, AGED 38 YEARS, THOPPILPARAMBU, MANNAM P.O., N.PARAVUR. 2. THOUFEEQUE, S/O.KABEER, AGED 30 YEARS, THOPPILPARAMBU, MANNAM P.O., N.PARAVUR. 3. SREEJITH, S/O.GOPI, MATHARUPARAMBIL, VANIYEKKADU, N.PARAVUR. 4. ANZAR, S/O.BASHEER, THOPPILPARAMBU, MANNAM P.O., N.PARAVUR. 5. ABBAS, S/O.MEERASA RAVUTHAR, THOPPILPARAMBU, MANNAM P.O., N.PARAVUR. 6. HARUDHEEN, S/O.ABDUL KADHAR, THOPPILPARAMBU, MANNAM P.O., N.PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.587/2010 OF MUNAMBAM POLICE STATION, ERNAKULAM). 2. SUNIL KUMAR, S/O.DASAN, AGED 29 YEARS, VALIYATHARA, CHERAI KARA, PALLIPORT-683514. 3. SATHEESH, S/O.PUSHKARAN, AGED 31 YEARS, KUNNATHU VEEDU, MUAMBAM KARA, KUZHUPILLY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683514, R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA R2 & R3 BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.3842 of 2010 -------------------------- Dated this the 11th October, 2010 O R D E R Petitioners are the accused in Crime No.587/2010 of Munambam Police Station registered under Annexure-I F.I.R for the offences under Section 143, 147, 148, 324, 308 r/w Section 149 I.P.C and Section 27 of Arms Act. Based on the statement of 2nd respondent, petition is filed under Section 482 of Cr.P.C to quash the F.I.R and further proceedings contending that entire dispute with respondents 2 and 3 the de facto complainant and the injured were settled amicably and consequent to the settlement it is not necessary in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that the entire disputes were settled amicably and consequent to the settlement they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, Crl.M.C No.3842 of 2010 2 respondents 2 and 3 and learned Public Prosecutor were heard. 4. The prosecution case as seen from Annexure -I F.I.R is that due to the previous enmity, while respondents 2 and 3 were standing in front of the Beverages Corporation Shop at Cherai, in furtherance of the common object, petitioners formed themselves into unlawful assembly and in furtherance of the common object attacked respondents 2 and 3 and caused hurt. The offence under Section 308 of Indian Penal Code is alleged on the contention that if 3rd respondent had not evaded the over tact it would have caused his death. 5. Learned Public Prosecutor on instructions submitted that statement of respondents 2 and 3 recorded subsequently reveal that they have settled the disputes with the petitioners. 6. The affidavit filed by respondents 2 and 3 establishes that they have settled the entire dispute with petitioners. As held by the Apex Court in Madan Mohan Abbot Vs. State of Punjab (2008 (3) KLT 19 (SC) when Crl.M.C No.3842 of 2010 3 the offences alleged against the petitioners are purely personal in nature against respondents 2 and 3 and disputes were settled amicably by them with petitioners, it is not in the interest of justice to continue the prosecution as consequent to the settlement there no is likelihood of successful prosecution against the petitioners. The petition is allowed. Crime No.587 of 2010 of Munambam Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE ma