IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 Crl.MC.No. 1320 of 2009(F) ------------------------- CRIME NO.32/2009 OF KATTOOR POLICE STATION PENDING BEFORE JUDL.FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA. PETITIONER(S)/ACCUSED 1 TO 3: ----------------------------------------------- 1. BAIJU S/O.CHANDRAN, RESIDING AT NELLIKATHARA HOUSE MOONUPEEDIKA, IRINJALAKUDA. 2. BINOY, S/O.CHANDRAN, RESIDING AT DO...DO... 3. BIJOY, S/O.CHANDRAN, RESIDING AT DO...DO.. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KATTOOR POLICE STATION, THRISSUR DISTRICT. 3. VENEGOPAL, S/O.BALAKRISHNAN, THOZHUTHUNKAL HOUSE MANAVALASSERY VIA, KAVUPURA, THANISSERY THRISSUR DISTRICT. 4. USHA, W/O VENUGOPAL, THOZHUTHUNKAL HOUSE, MANAVALASSERY VIA, KAVUPURA, THANISSERY, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 & R2. ADV. SRI.S.SUJITH FOR R3 SRI.S.BOSE KUMAR FOR R3. ADV. SRI.S.SUJITH FOR R4 SRI.S.BOSE KUMAR FOR R4 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1320 of 2009 -------------------------- ORDER Petitioners are accused 1 to 3 in Crime No. 32/2009 of Kattoor Police Station. Case was registered under Annexrue-I FIR on the basis of the F.I. Statement furnished by the third respondent alleging offences under Sections 143, 147, 341, 323, 448, 354, 427, 294(b) and 506(1) read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently, the disputes between the petitioners and respondents 3 and 4 were settled amicably and respondents 3 and 4 have no intention to prosecute the petitioners and therefore, the case is to be quashed. 2. Annexure-I FIR shows that case of the second respondent was that pursuant to a previous incident, on 6.2.2009, accused 1 to 6 formed CRMC 1320/09 2 themselves into an unlawful assembly and trespassed into the house of the third respondent and kicked on his abdomen and when fourth respondent, the wife of the third respondent, came there to help third respondent, she was also abused and attacked and thereby they committed the offences. Annexure-II affidavit of the third respondent filed is to the effect that there was an amicable settlement of all the disputes and he has no intention to proceed against the petitioners due to settlement of the disputes and therefore, offences could either be compounded or withdrawn and he has no objection for quashing the case. After fourth respondent, the wife of the third respondent, was impleaded, she also filed an affidavit to the same effect. 3. In the light of the affidavits of respondents 3 and 4, it is clear that the disputes between the petitioners and respondents 3 and 4 were amicably settled and even if petitioners are to be prosecuted, they will not support the prosecution CRMC 1320/09 3 case and in that event, there is no chance of a successful prosecution. Offences alleged are personal in nature. In such circumstances, when there is an amicable settlement of the disputes, in the interest of justice, the case as against the petitioners is to be quashed. Petition is allowed. Crime No.32/2009 of Kattoor Police Station as against the petitioners is quashed. 13th July, 2009 (M.Sasidharan Nambiar, Judge) tkv