IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 4146 of 2009() ------------------------- CC.1202/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL .................... PETITIONER(S): A1 TO A3 ----------------------- 1. SULAIMAN, (A1) S/O.MUHAMMED KUNJU, PUTHUVEL PUTHEN VEEDU, OPPOSITE ANDOORKONAM GOVT.LPS, ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. SUDHEER KHAN, (A2) S/O.SULAIMAN, PUTHUVEL PUTHEN VEEDU, OPPOSITE ANDOORKONAM GOVT.LPS, ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. SULFEEKHAR, (A3) S/O.ABDUL SALAM, PANAYIL VEEDU, OPPOSITE ANDOORKONAM GOVT.LPS, ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.M.SANEER RESPONDENT(S): CW1 ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SULAIMAN, AGED 45 (CW1) S/O.MUHAMMED MUSTAFA, CHARUMVILA KATTIL, NEAR ANDOORKONAM GOVT.LPS, ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.K.K.DHEERENDRAKRISHNAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4146 OF 2009 ------------------------------------------ Dated 23rd December 2009 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.1202/2007 on the file of Judicial First Class Magistrate-II, Attingal taken cognizance for the offences under Sections 452, 294(b), 324 and 427 read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with second respondent, the de facto complainant who is also the injured, were settled amicably out of court and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared Crmc 4146/09 2 through a counsel and filed an affidavit stating that entire disputes were settled amicably and petitioners and second respondent are now living as friends and in such circumstances, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A final report shows that prosecution case is that, in furtherance of their common intention, petitioners on 11/10/2007 at 12.15 p.m trespassed into the house where second respondent was residing and with a chopper inflicted injury on second respondent and thereby committed the offences. Offences alleged against petitioners are purely personal in nature as against the second respondent. Affidavit filed by the second respondent establishes Crmc 4146/09 3 that entire disputes were settled amicably. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offence against petitioners are purely personal in nature and there has been a complete settlement of the disputes by second respondent, it is not in the interest of justice to continue the prosecution. When consequent to the settlement, chance of a successful prosecution is very bleak and it would result only in unnecessary waste of valuable time of the court, it is not in the interest of justice to continue the prosecution. C.C.1202/2007 on the file of Judicial First Class Magistrate-II, Attingal is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 4146/09 4