IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.MC.No. 2737 of 2009() ------------------------- CC.697/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1,5,7 ---------------------------- 1. PRAMOD P.G., AGED 26 YEARS, S/O. PURUSHOTHAMAN NAIR, USHUS, P.R.A.-10, VAZHUTHACAUD, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. KRISHNENDU S., AGED 25 YEARS, S/O. SURESH KUMAR, 'MANASAROVAR', IKKARAKKONAM JN., PUNALOOR, KOLLAM DISTRICT. 3. JALEEL, AGED 27 YEARS, S/O. ABDUL VAHID, 'HASSENA MANZIL', AMBANAD, PATHAMKALLU P.O., NEDUMANGADU, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAYYED ALI KHAN K.H., S/O. K.A.HASSAN, AGED 26 YEARS, KALLAPPARAMB HOUSE, 20TH MILE, CHERAKKAVU VILLAGE, KOTTAYAM DISTRICT. ADV. SRI.P.S.APPU FOR R2 SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR , J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2737 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009 O R D E R The petitioners are accused 1, 5 and 7 and respondent 2 the defacto complainant in C.C.No.697 of 2005 on the file of Judicial First Class Magistrate Court III Thiruvananthapuram. Learned Magistrate took cognizance of the offences under Section 143, 147 and 324 read with section 149 of the Indian Penal Code on Annexure I final report. This petition is filed under sec.482 of Code of Criminal Procedure to quash the prosecution contending that the disputes between second respondent, the injured defacto complainant and petitioners were amicably settled. 2. Annexure I final report shows that allegation against petitioner is that second respondent is a member of Kerala Students Union and due to the political enemity, accused attacked and caused hurt on petitioner, by hitting with stones and bricks and thereby the committed offences. 3. Second respondent appeared through a counsel and filed a joint petition with the petitioners for permission to compound the offence, under 320 of the Code of Criminal Crl.M.C. No. 2737 OF 2009 : 2 : Procedure stating that the dispute with the petitioners and second respondent were settled. 4. Learned counsel appearing for the petitioners and the second respondent and the learned Public Prosecutor were heard. 5. Annexure II join petition filed by the second respondent and petitioners show that there was an amicable settlement of all the disputes between petitioners and second respondent. They jointly sought permission to compound the offence. In view of the decision of the apex court in MADANMOHAN ABBOT VS. STATE OF PUNJAB (2008(3) KLT 19(SC), when there is an amicable settlement of the disputes it is not in the interest of justice to proceed until the trial. Petition is allowed. CC No.697/2005 on the file of the Judicial First Class Magistrate III as against the petitioners is quashed. ( M. SASIDHARAN NAMBIAR , JUDGE) jma