IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Crl.MC.No. 4031 of 2010() ------------------------------------- CC.483/2009 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD .................... PETITIONERS/ACCUSED NOS.1 TO 4 ------------------------------------------------------ 1. HASSAINAR T.M. @ HASSAN, AGED 29 YEARS, S/O.LATE MOHAMMED KUNHI, R/AT KE VALAPPU, THAYALANGADI, KASARAGOD DISTRICT. 2. SAKARIYA T.A., AGED 39 YEARS, S/O.ABDULLA, KUTTIALI VALAPPU, FORT CROSS ROAD, KASARAGOD DISTRICT. 3. SAMEER, AGED 30 YEARS, S/O.ABDUL KHADER, NEAR CLOCK TOWER, THAYALANGADI, KASARAGOD DISTRICT. 4. MOHAMMED NASIR @ NACHU, AGED 34 YEARS, S/O.SHAMSUDDEEN, ANWAR MANZIL, PALLAM, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/CWS 1 TO 4 AND CW7 & STATE: ----------------------------------------------------------------------- 1. K. SUBAIDA, AGED 36 YEARS, D/O.B.M. MOHAMMED, R/AT.BANGOD HOUSE, BANGOD, THALANGARA, KASARAGOD DISTRICT. 2. AYSHA, AGED 25 YEARS, W/O.SHAMEER, R/AT.BANGOD HOUSE, BANGOD, THALANGARA, KASARAGOD DISTRICT. Crl.MC.No. 4031 of 2010 3. RUKIYABI, AGED 62 YEARS, W/O.B.M. MOHAMMED, R/AT.BANGOD HOUSE, BANGOD, THALANGARA, KASARAGOD DISTRICT. 4. B.M. MOHAMMED, AGED 72 YEARS, S/O.MOIDEEN KUNHI, R/AT.BANGOD HOUSE, BANGOD, THALANGARA, KASARAGOD DISTRICT. 5. T.A. ABDULLA, AGED 78 YEARS, S/O.ANDUNHI, NEAR RAILWAY STATION, KASARAGOD DISTRICT. 6. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R5 BY ADV. SRI.M.T.SURESHKUMAR R6 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4031 OF 2010 --------------------------------------------- Dated 4th October, 2010 O R D E R Petitioners are the accused in C.C.483/2009 on the file of Chief Judicial Magistrate's Court, Kasaragod taken cognizance for the offences under Sections 143, 147, 148, 458, 506(ii) and 427 read with Section 149 of Indian Penal Code on Annexure-AII final report. Prosecution case, as seen from Annexure-AII is that on the night of 8/12/2008 at about 11.45 p.m due to enmity towards the brother of the first respondent, petitioners in furtherance of their common object threatened respondents 1 to 5 and armed with stick and stones committed rioting and trespassed into the residential house belonging to fifth respondent, where Crmc 4031/10 2 respondents 1 to 4 were residing on rent and threatened Cws.1 to 4 and thereafter caused damages to the window of the house and committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before Chief Judicial Magistrate contending that offences alleged against the petitioners are purely personal in nature and 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 5 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with petitioners and therefore, they have no subsisting grievance against the petitioners and to maintain cordial relationship between the parties, the case is to be quashed. Crmc 4031/10 3 3. Learned counsel appearing for the petitioners, respondents 1 to 5 and learned Public Prosecutor were heard. 4. Prosecution case itself reveals that respondents 1 to 4 are residing in the building belonging to fifth respondent and taken on rent by them. Affidavit filed by the fifth respondent establishes that he has settled all the disputes with the petitioners. Though damage was caused to the house belonging to the fifth respondent, he has already settled the dispute with the petitioners who allegedly caused damages. Affidavit filed by respondents 1 to 4 establish that though prosecution case is that they were threatened by the petitioners showing the weapons after committing trespass in the residential house, they have settled all the disputes with the petitioners. As held by the Crmc 4031/10 4 Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when offences alleged against the petitioners are purely personal in nature, against respondents 1 to 5 and it is established that respondents 1 to 5 have settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution, as consequent to the settlement there is no likelihood of a successful prosecution and it would result only in unnecessary waste of valuable time of the Court. Petition is allowed.C.C.483/2009 on the file of Chief Judicial Magistrate's Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.