IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 2942 of 2010(A) -------------------------------------- [CC.NO.53/2010 OF CHIEF JUDICIAL MAGISTRATE'S COURT, THODUPUZHA, CRIME NO.1679/2009 OF THODUPUZHA POLICE STATION] .................... PETITIONERS/ACCUSED 1 & 3: -------------------------------------------- 1. SUNIL, S/O.KUNJU, THUMBAKKATHOTTIYIL HOUSE, KOLANI, VELLAYAMKUDY P.O., THODUPUZHA, IDUKKI DISTRICT. 2. BIJU, S/O.K.NELAKANDAN, BLOCK NO.171 MUNDEYERUMMA, IDUKKI DISTRICT. 3. VINOD KUMAR MANAKKAD, KAKKAD HOUSE, VELLAYAMKUDY P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHANAN, S/O.M.K.NARAYANAN NAIR, AGED 30 YEARS, MALIYEKKAL P.O., THODUPUZHA, IDUKKI DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA, R2 BY ADV. SMT.MAYA ANTHARJANAM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2942 OF 2010 =========================== Dated this the 8th day of September,2010 ORDER Petitioners the accused in C.C.53/2010 on the file of Chief Judicial Magistrate's Court, Thodupuzha filed this petition under section 482 of the Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that the offence alleged against the petitioners are purely personal in nature as against the second respondent injured and there has been a complete settlement of the disputes with the second respondent and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-II affidavit stating that he has settled all the disputes with petitioners and consequent to the settlement, Crl.M.C.2942/2010 2 he dos not intend to prosecute the petitioners further and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Prosecution case is that on 9.11.2009 at about 8.30 p.m in furtherance of the common intention petitioners wrongfully restrained second respondent and hit on his face with a stone causing fracture on the lower jaw and thereby committed offences under sections 341, 323, 326 and 120B read with section 34 of Indian Penal Code. The offences alleged are purely personal in nature against the second respondent as is clear from Annexure I final report. The affidavit filed by the second respondent establishes that he has settled the disputes with the petitioners. Consequent to the settlement it is clear that no purpose will be served by directing the petitioners to undergo the ordeal of a trial. As held by the Crl.M.C.2942/2010 3 Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature and there has been a settlement of the disputes between the petitioners and the injured, it is not in the interest of justice to continue the prosecution. Hence the proceedings is to be quashed. Petition is allowed. C.C.53/2010 of Chief Judicial Magistrate's Court, Thodupuzha is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006