IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 CRMC.No. 3978 of 2009() ----------------------------- CC.228/2006 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM CONVERTED AS L.P. NO. 46/08 FROM CRIME NO. 154/03 OF THUMBA POLICE STATION ........................................................ PETITIONER/ ACCUSED ------------------------- P.VARGHESE, S/O,.PHILIP,KAMBIKAKOM VEETTIL,VALIYAVELI,KOCHUMURI, ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.LATHEESH SEBASTIAN RESPONDENTS/COMPLAINANTS & INJURED -------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THUMBA POLICE STATION. 3. GEORGE, S/O.ANTONY, SANJAY BHAVAN, VALIYAVELI, KOCHUMURI, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 4. AGNES,D/O.JESPIN, DO....... DO..... DO........ 5. CARMEL, D/O.JESPIN, T.C.2/603, MINI COTTAGE VALIYAVELI, KOCHUMURI, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY MR. S.U. NAZAR, PUBLIC PROSECUTOR R3 & R5 BY ADV. MR.ANOOP MATHEW ABRAHAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rkc M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3978 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioner is the accused and respondents 3 to 5 are the de facto complainant and the injured in C.C.228/2006 now pending as L.P.46/2008 on the file of Judicial First Class Magistrate-II, Thiruvananthapuram, taken cognizance for the offences under Sections 452, 323 and 324 of Indian Penal Code on Annexure-A2 final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate, contending that entire disputes with respondents 3 to 5 were settled amicably and in view of the settlement, it is not in the interest of Crmc 3978/09 2 justice to continue the prosecution. 2. Respondents 3 to 5 appeared through a counsel and each of them filed separate affidavits stating that they have settled the disputes with the petitioner and they do not have any subsisting grievance against the petitioner and therefore, they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, respondents 3 to 5 and learned Public Prosecutor were heard. 4. Annexure-A2 final report shows that prosecution case is that due to the enmity of the petitioner, against respondents 3 to 5 who did not vacate the building, on 26/11/2003 at about 12.30 p.m, forcibly trespassed into the building Crmc 3978/09 3 T.C.II/598 where respondents 3 to 5 were residing, with the intention of causing hurt to respondents 3 to 5 and inflicted injuries on them and thereby committed the offences. Offences are purely personal in nature as against respondents 3 to 5. Affidavit filed by respondents 3 to 5 establishes that the entire disputes with the petitioner were amicably settled out of court. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences alleged against petitioners are purely personal in nature as against respondents 3 to 5 and there has been an amicable settlement of the disputes with the petitioner, it is not in the interest of justice to continue the prosecution as ultimately consequent to the Crmc 3978/09 4 settlement, chances of a successful prosecution is very bleak and it would only result in unnecessary waste of valuable time of the court. Petition is allowed. L.P.46/2008 on the file of Judicial First Class Magistrate-II, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.