IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1517 of 2009() ---------------------------------- CC.220/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED ---------------------- 1. ANUMOD, S/O. HARIDAS, CHAITHANYA, P.O. PATITHARA, ( VIA) TRITHALA, PALAKKAD DISTRICT. 2. MUHAMMED RIYAZ, S/O. MOIDEENKUTTY, KALLUVALAPPIL, THRITHALA.P.O, PALAKKAD DISTRICT. 3. ANWAR SADDIQUE, S/O. MUHAMMEDKUTTY, KOPPATH HOUSE, P.O. MAZHATHUR VIA THRITHALA, PALAKKAD DISTRICT. 4. SULAIMAN, S/O. MUHAMMED ALI, MANNAMCHOLA HOUSE, VENGALLUR, TIRUR, MALAPPURAM DISTRICT. 5. ABDUL RAFI, S/O. MUHAMMED, PUNTHOTTATHIL HOUSE, EDAPPALAM.P.O, VILAYUR, PALAKKAD DISTRICT. 6. RENEESH, S/O. SHAMSUDHIN, VENGATH PARAMBIL, KIZHAYAYUR.P.O, PATTAMBI, PALAKKAD DISTRICT. 7. FIRDOWSE, S/O. ABUBACKAR, KODAKKATTUTHEKKITHIL, KUMARANELLUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 8. ASKAR ALI, S/O. MUHAMMED, KOPPAN HOUSE, P.O. KALLADIPETTA, ONGALLUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. CRL.MC. NO.1517/2009 9. SHAMSUDHIN, VELICHAMTHODI HOUSE, P.O. CHOORAKKAD, VALLAPUZHA, PALAKKAD DISTRICT. 10. FAIZAL, S/O. AMIR, MELANGADI HOUSE, MELEPATAMBI, PALAKKAD DISTRICT. BY ADV.MR.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): DEFACTO COMPLAINANT AND COMPLAINANT ---------------------------- 1. VIJAYAKUMAR, S/O. VELAYUDHAN, PALLIYALLIL HOUSE, PADINJARANGADI, P.O. ANDADI, VIA KUMARANELLUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADVS. MR.K.C.KIRAN FOR R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CMA. NO.2539/2009 INCRL.MC. NO.1517/2009 DISMISSED 09.06.2009 SD/- M.SASIDHARAN NAMBIAR, JUDGE TRUE COPY P.S. TO JUDGE T M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1517 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER Petitioners are the accused in C.C.220/2005 on the file of Judicial First Class Magistrate, Pattambi. The offences alleged against the petitioners are under sections 143, 147,148,341 and 324 read with section 149 of Indian Penal Code. The prosecution case is that on 25.11.2004 at about 2.30 p.m all the petitioners formed themselves into an unlawful assembly with the common object of causing injuries to first respondent, the injured and armed themselves with deadly weapons like stick beat first respondent and inflicted injuries and thereby committed the offences. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure C final report and the case pending before Judicial First Class Magistrate, Pattambi taken cognizance on Annexure C charge sheet contending that the disputes with the injured first respondent is subsequently resolved and first respondent is not now willing to proceed against the petitioners. Along with the petition the affidavit of Crl.M.C.1517/2009 2 the first respondent is filed stating that he has resolved the dispute with the petitioners and he has no objection for quashing the complaint. First respondent is represented by a counsel. 2. Learned counsel appearing for the petitioners the first respondent and the learned Public Prosecutor were heard. 3. The offences alleged against the petitioners, apart from offences under section 143,147,148 could be compounded under section 320 of Code of Criminal Procedure. In view of the other non compoundable offences, the case cannot be compounded under section 320. It is for that reason this petition is filed under section 482 of the Code of Criminal Procedure. 4. From Annexure D affidavit of the first respondent and the submission of the learned counsel appearing for the first respondent and the petitioners, it is clear that the dispute between the petitioners and first respondent were amicably settled. Annexure C charge sheet along with the Annexure A First Information Report establish that the offences alleged against petitioners is purely of personal nature against the first respondent. In such circumstance, when the dispute is settled and first respondent is not willing to proceed with the case further, it would be Crl.M.C.1517/2009 3 waste of valuable time of the court if evidence is to be recorded and ultimately petitioners are to be acquitted for want of evidence. In view of the submission and considering the fact that the offences alleged against petitioners are purely personal against the first respondent, in the interest of justice, the case is to be quashed. Petition is allowed. C.C.220/2005 on the file of Judicial First Class Magistrate, Pattambi taken cognizance on Annexure C report is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006