IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Crl.MC.No. 2648 of 2009 ---------------------------------- CRL.M.P.1876/2009 OF SESSIONS COURT, PALAKKAD, CC.NO.138/2004 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I,OTTAPPALAM. .................... PETITIONERS/ ACCUSED 4 & 5: --------------------------------------------- 1. AJEESH, S/O.RAMACHANDRAN, AGED 29 YEARS, RESIDING AT KALLINGAL VEEDU, CHUNANGAD P.O., OTTAPALAM (VIA), PALAKKAD DIST. 2. SUNIL, S/O.SREEDHARAN, AGED 27 YEARS, RESIDING AT KALLINGAL VEEDU, CHUNANGAD P.O., OTTAPALAM (VIA), PALAKKAD DIST. BY ADV. MR.SANTHEEP ANKARATH. RESPONDENTS/ STATE AND DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, OTTAPALAM. 2. C.K.RATHEESAN, AGED 23 YEARS, S/O.AYYAPPAN, CHUNANGAD KUNNATH HOUSE, CHUNANGAD P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADV. MR.K.P.SUDHEER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2648 OF 2009 ------------------------------------------ Dated 21st August 2009 O R D E R Petitioners are accused 4 and 5 in C.C.138/2004 on the file of Judicial First Class Magistrate, Ottapalam. Case against all the accused is that they committed offences under Sections 143, 147, 148, 323 and 324 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash C.C.138/2004 and the further proceedings as against the petitioners contending that the dispute with second respondent, the injured defacto complainant was amicably settled. 2. Second respondent appeared through a counsel and also filed Annexure-A3 affidavit stating that he is the injured defacto complainant and due to intervention of mediators the entire disputes were settled and he is not interested in further prosecuting the petitioners and they are now keeping friendship and in such circumstances, it is not in the interest of justice to continue the prosecution. CRMC 2648/09 2 3. Learned counsel appearing for petitioners and second respondent and learned Public Prosecutor were heard. 4. Annexure-A3 affidavit of second respondent and submission of the learned counsel appearing for second respondent establish that there was complete settlement of all the disputes with the petitioners. 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 justice to proceed with the case further, when consequent to the settlement chance of a successful prosecution is very bleak. Petition is allowed. C.C.138/2004 on the file of Judicial First Class Magistrate, Ottapalam as against the petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.