IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4375 of 2010() ------------------------------------- C.C.963/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL. ........................ PETITIONERS/A1 TO A6: ------------------------------------ 1. AJEEB, AGED 24, (A1) S/O.ILLYAS, NAVAS MANZIL, THEMPAMOODU, MANIKKAL MURIYIL, PULLAMPARA VILLAGE. 2. SUNIL, AGE 27, (A2) S/O.SURENDRAN, CHAVAROD PUTHUVEL PUTHEN VEEDU, THEMPAMOODU, MANIKKAL MURIYIL, PULLAMPARA VILLAGE. 3. NUJUM, AGE 33 (A3) S/O.MUHAMMED, CHAVAROD KUNNUM PURATHU VEEDU, THEMPAMOODU, MANIKKAL MURIYIL, PULLAMPARA VILLAGE. 4. SAJEER, AGE 29 (A4), S/O.ALIYARUKUNJU, KOTHUKUMALA THADATHARIKATHU VEEDU, THEMPAMOODU, MANIKKAL MURIYIL, PULLAMPARA VILLAGE. 5. SHIBU KHAN, AGED 27 (A5) S/O.SHOUKATHALI, THEMPAMOODU, MANIKKAL MURIYIL, PULLAMPARA VILLAGE. 6. SULAIMAN KHAN, AGE 27 (A6), S/O.SALAHUDHEEN, VADAKEKONAM VILAYIL VEEDU, THEMPAMOODU, MANIKKAL MURIYIL, PULLAMPARA VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED Crl.MC.No. 4375 of 2010() RESPONDENTS/STATE, CW1, CW2 & CW3: --------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHIJU @ DEEPU, S/ODEVADAS (CW1) DEEPU NIVAS, CHAKKAKADU, MANIKKAN MURIYIL, PULLAMPARA VILAGE. 3. THAHA, S/O.ABDUL RAHEEM, AGE 27 (CW2), THAHA MANZIL, CHAKKAKAD, MANIKKAN MURIYIL, PULLAMPARA VILLAGE. 4. JALEEL, AGE 30 (CW3) S/O.IBRAHIM KUNJU, SALEENA MANZIL, KARIMPUVILA, MANIKKAN MURIYIL, PULLAMPARA VILLAGE. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 TO R4 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4375 OF 2010 =========================== Dated this the 1st day of November,2010 ORDER Petitioners are the accused and respondents 2 to 4 the de facto complainant and the injured in C.C.963/2006 on the file of Judicial First Class Magistrate Court-II, Attingal taken cognizance for the offences under sections 143, 147, 148, 294(b) and 324 read with section 149 of Indian Penal code on a final report submitted by Assistant Sub Inspector of Police, Venjaramood. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that the offences alleged are purely personal in nature against respondents 2 to 4 and they have settled all the disputes amicably and in such circumstances it is not in the interest of justice to Crl.M.C.4375/2010 2 continue the prosecution. 2. Respondents 2 to 4 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners and they have no subsisting grievance against them and have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 to 4 and the learned Public Prosecutor were heard. 4. The final report establishes that offences alleged against the petitioners are purely personal in nature. The affidavits filed by respondents 2 to 4 establish that they have settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged are purely personal in nature and the disputes were settled amicably between the petitioners and respondents 2 to 4, it is not in the interest of justice to continue the prosecution. Crl.M.C.4375/2010 3 Petition is allowed. C.C.963/2006 on the file of Judicial First Class Magistrate Court-II, Attingal is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006