IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Crl.MC.No. 4726 of 2010() ------------------------- SC.837/2010 of ASSISTANT SESSIONS COURT, MAVELIKKARA .................... PETITIONER(S): --------------- 1. SUBEESH, AGED 26 YEARS, S/O.SURENDRANPILLAI, PUTHENPURAKKAL VEEDU, THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. 2. SUJITHKUMAR, AGED 30 YEARS, S/O.BALAPPANIKKAR, VRINDAVANAM HOUSE, THAZHAKKARA VILLAGE, PADI MURI, ALAPPUZHA DISTRICT. 3. RANJITH, AGED 26 YEARS, S/O.RAVEENDRAN NARI, MUTTATHU VEEDU, THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. 4. SUBASH, AGED 26 YEARS, S/O.VIJAYAN, RESIDING AT `VIJAYABHAVANAM', THAZHAKKARA VILLAGE, VAZHUPADI, ALAPPUZHA DISTRICT. 5. SURENDRAN PILLAI, AGED 51 YEARS, S/O.VASUDEVAN PILLAI, PUTHENPURAKKAL VEEDU, THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. 6. SURAJKUMAR, AGED 33 YEARS, S/O.BALAPPANIKKAR, VRINDAVANAM HOUSE, THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. 7. SANTHOSHKUMAR, AGED 32 YEARS, S/O.SIVARAMAKURUP, MADATHILKALIKKAL VEEDU, THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. 8. SIVADAS, AGED 25 YEARS, S/O.SIVARAMAN NAIR, AMBILITHARAYIL VEEDU, THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. 9. SANDEEPKUMAR, AGED 21 YEARS, S/O.SURENDRAN, RESIDING AT `SWOMINI NIVAS; THAZHAKKARA VILLAGE, VAZHUPADI MURI, ALAPPUZHA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. SUJITHKRISHNAN, AGED 26 YEARS, S/O.KRISHNAN, POOMATHARAYIL VEEDU, THAZHAKKARA VILLAGE, ALAPPUZHA. 2. MANOJ, AGED 23 YEARS, S/O.PHILIP, KARIMUTTATHU PUTHEN VEEDU, THAZHAKKARA P.O., ALAPPUZHA. 3. NEETHU MATHEW, AGED 23 YEARS, S/O.K.V.MATHEW, PULIMOOTTIL NITHIN VILLAYIL, THAZHAKKARA P.O., ALAPPUZHA. 4. RAJESH RAJU, AGED 21 YEARS, S/O.P.K.RAJU, `THAYYILKIZHAKKETHIL', THAZHAKKARA P.O., ALAPPUZHA. 5. NITHIN MATHEW, AGED 24 YEARS, S/O.K.V.MATHEW, PULIMOOTTIL NITHIN VILLAYIL, THAZHAKKARA P.O., ALAPPUZHA. 6. SHIJU S.RAJ, AGED 24 YEARS, S/O.RAJU, RESIDING AT MUTTATHAYATHU COLONY, THAZHAKKARA P.O., ALAPPUZHA. 7. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.K.ANTONY JOSEPH FOR R1-6 R7 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/01/2011, ALONG WITH CRMC NO. 4728 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------------- Crl.M.C.NOs.4726 & 4728 OF 2010 ---------------------------------------------------------- Dated 7th January, 2011 O R D E R Petitioners in Crl.M.C.4726/2010 are the accused in S.C.837/2010 on the file of Assistant Sessions Court, Mavelikara. Petitioners in Crl.M.C.4728/2010 are the accused in S.C.838/2010 on the file of the same court. Petitioners in Crl.M.C.4726/2010 are the accused in Crime No.558/2008 and petitioners in Crl.M.C. No.4728/2010 are the accused in Crime No.557/2008. Both the crimes were registered in respect of the same incident which occurred on 12/10/2008 at about 7 p.m at the road near to Kirathan Kavu temple of Thazhakara village. Prosecution case in Crl.M.C.4726/2010 namely, crime No.558/2008 Crmc 4726 & 4728/10 2 was that petitioners therein, who are members of RSS, due to previous enmity against respondents 1 to 6, the injured, who are members of CPI(M) party, formed themselves into an unlawful assembly with the common object of attacking and inflicted injuries on them and in furtherance of their common object armed with deadly weapons attacked respondents 1 to 6 after committing rioting and inflicting injuries on respondents 1 to 6 by beating and hitting with iron rod and wooden stick and thereby committed the offences under Sections 143, 147, 148, 149, 324 and 308 read with Section 149 of Indian Penal Code. Based on Annexure-A1 final report, the learned Magistrate took cognizance of the offences in C.P.1/2009 and committed the case to the Sessions Court. It was taken on file as Crmc 4726 & 4728/10 3 S.C.837/2010 and made over to Assistant Sessions Court, Mavelikara for trial. Prosecution case in Crl.M.C.4728/2010 is that petitioners therein are members of CPI(M) party and due to enmity against respondents 1 and 2 who are members of BJP, formed themselves into an unlawful assembly and in furtherance of the common object, armed with deadly weapons committed rioting on 12/10/2008 at 7 p.m and attacked respondents 1 and 2 and inflicted injuries on them by beating with dangerous weapons and thereby committed the offences under Sections 143, 147, 148, 324 and 326 read with Section 149 of Indian Penal Code. Based on Annexure-A1 final report learned Magistrate took cognizance of the offences in C.C.9/2009. As it is the counter case of crime No.558/2008, it was also committed to the Crmc 4726 & 4728/10 4 Sessions Court. It was taken on file as S.C.838/2010 and made over to the file of Assistant Sessions Court, Mavelikara. These petitions are filed by the respective accused to quash the proceedings pending before learned Assistant Sessions Judge contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 to 6 in Crl.M.C.4728/2010 and respondents 1 and 2 in Crl.M.C.4728/2010 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the respective accused and consequent to the settlement, they have no grievance against the respective petitioners and hence the proceedings pending before the Assistant Crmc 4726 & 4728/10 5 Sessions Court are to be quashed. 3. Learned counsel appearing for the petitioners and respondents and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that statements of the injured in both the cases recorded show that entire disputes were settled amicably. 4. Respondents 1 to 6 in Crl.M.C.4726/2010 are petitioners 4 to 9 in Crl.M.C.4728/2010. So also third petitioner in Crl.M.C.4726/2010 is the second respondent in Crl.M.C.4728/2010. S.C.837/2010 is the main case and S.C.838/2010 is the counter case. The respective affidavits filed by the respective respondents in criminal miscellaneous petitions establish that the respective injured have settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot Crmc 4726 & 4728/10 6 v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in nature and the offences are settled amicably with the injured, it is not in the interest of justice to continue the prosecution. Respective final reports submitted under Section 173(2) of Code of Criminal Procedure based on which cognizances were taken establish that offences alleged are purely personal in nature against respondents 1 to 6 in Crl.M.C.4726/2010 and respondents 1 and 2 in Crl.M.C.4728/2010. Affidavit of respondents 1 to 6 in Crl.M.C.4726/2010 and respondents 1 and 2 in Crl.M.C.4728/2010 establish that they have settled the disputes amicably with respective petitioners and they have no subsisting grievance. In such circumstances, no purpose will be served by directing petitioners Crmc 4726 & 4728/10 7 to undergo the ordeal of a trial, as there is no chance of a successful prosecution and it would result only in unnecessary waste of valuable time of the Court. In such circumstances, respective proceedings pending before Assistant Sessions Court is to be quashed. Petitions are allowed. S.C.837/2010 and S.C.838/2010 on the file of Assistant Sessions Court, Mavelikara are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.