IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4386 of 2010 ---------------------------------- [SC.NO.500/2009 OF III ASSISTANT SESSIONS COURT, KOZHIKODE, CRIME NO.70/2008 OF NALLALAM POLICE STATION, KOZHIKODE] .................... PETITIONERS/ACCUSED 1 & 2 AND DEFACTO COMPLAINANT (SOLE VICTIM): --------------------------------------------------------------------------------------------------------------- 1. V.PRADEEP @ PRADEEPAN, S/O. V.VASU, AGED 32 YEARS, VALIYATHODI HOUSE, PATTARKKARAMAN KUNNU.P.O., NILAMBUR AMSOM, DESOM, NILAMBUR, MALAPPURAM. 2. SATHEESHAN, S/O. CHATHU @ CHATHAN, AGED 29 YEARS, KANIYATH HOUSE, AYODHYA NAGAR, KUNNAMANGALAM AMSOM DESOM, CALICUT. 3. A. BABU @ BABURAJ, S/O. GOVINDAN, AGED 40 YEARS, ADIYOTTIL HOUSE, PUTHIYARA.P.O. KOZHIKODE. BY ADVS. SRI.K.M.FIROZ, SMT.M.SHAJNA. RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J ........................................... CRL.M.C..NO.4386 OF 2010 ............................................ DATED THIS THE 2nd DAY OF NOVEMBER,2010 ORDER Petitioners 1 and 2 are the accused and third petitioner, the defacto complainant in S.C.500 of 2009 on the file of Assistant Sessions Court III, Kozhikode, taken cognizance for the offence under Section 395 IPC. Prosecution case is that on 3.3.2008, at about 3.30 pm, while third petitioner was proceeding in Lorry No.KL-11 Z 5876 towards Pandeerankavu, petitioners along with six other identified persons with the intention to rob third petitioner, beat third petitioner with a stick and thereafter robed a mobile phone worth Rs.1000/- and his driving license and thereby committed offence under Section 395 IPC. Petition is filed to quash the proceedings pending before the learned Sessions Court, contending that entire disputes were settled amicably and consequent to the settlement, third petitioner has no grievance against petitioners 1 and 2. Petitioners would also contend that C.C.190 of 2009 before Judicial First Class Magistrate, Kunnamangalam was a counter case which was quashed by this court CRMC 4386/2010 2 by Annexure A2 order in Crl.M.C.1302 of 2010 based on the settlement of the disputes arrived at between petitioners herein and the other accused. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. Annexure A1 final report establishes that offence alleged against petitioners 1 and 2 are purely personal in nature against third petitioner. Joint statement filed by petitioners who are accused and defacto complainant establish that they have settled the disputes. As held by the Apex Court in Madan Mohan Abbot V. State of Pubjab (2008(2) KHC 589), when offences are purely personal in nature and the disputes were amicably settled between the petitioners, it is not in the interest of justice to continue prosecution. 3. Petition is allowed. S.C.500 of 2009 on the file of Assistant Sessions Court III, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE lgk