IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 Crl.MC.No. 1450 of 2010 () ------------------------- (SC. 339/2009 of ASSISTANT SESSIONS COURT, THRISSUR) .................... PETITIONERS/ACCUSED NO.1 TO 3 -------------------------------------------------- 1. SALEESH, S/O.SULAIMAN, PERUMPILAVU HOUSE, CHIYYARAM, THRISSUR DISTRICT. 2. ABILASH, S/O.ARUNADHARAN, KOTTIYATTIL HOUSE, CHIYYARAM, THRISSUR DISTRICT. 3. PRINCE, S/O.JANARDHANAN, VELIYATHUPARAMBU HOUSE, CHIYYARAM POST OFFICE JUNCTION, CHIYYARAM, THRISSUR DISTRICT. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENTS/DEFACTO COMPLAINANTS & STATE --------------------------------------------------------------------------- 1. PRINCE, S/O.DAVIS, KANNAYANKANDAM HOUSE, OLLUR, MARATHAKARA, THRISSUR. 2. SIBI, S/O.MANI, KAKANADAN HOUSE, AIKKA NAGAR, CHIYYARAM VILLAGE, THRISSUR. 3. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. R1 & R2 ADV. SRI.JIJO PAUL R3 BY PUBLIC PROSECUTOR, SMT.M.K.PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.1450 OF 2010 --------------------------------------------- Dated 12th October, 2010 O R D E R Petitioners are the accused and respondents 1 and 2, the de facto complainants and the injured in S.C.339/2009 on the file of Assistant Sessions Court, Thrissur taken cognizance for the offences under Sections 326 and 308 read with Section 34 of Indian Penal Code. Prosecution case is that on 1/1/2009 at about 1.30 a.m, first petitioner as the rider and petitioners 2 and 3 as pillion riders were proceeding in motor cycle KL-11-H.3621, and when they reached Chiyyaram Ikya Nagar-Mariyamman Kovil Junction, respondents 1 and 2 along with Nijo were found sitting on the side of the Crmc 1450/10 2 road and due to previous enmity of the first petitioner against Nijo and in furtherance of their common intention to cause grievous hurt and to cause death, inflicted injury on the head of the first respondent with a sword and when second respondent tried to save the first respondent, hurt was caused to the second respondent also and if, the sword had fallen on the neck of the first respondent, death would have been caused and thereby petitioners committed offences under Sections 326 and 308 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 were settled with respondents 1 and 2 and in view of the settlement, it is not in the interest of justice to continue the prosecution. Crmc 1450/10 3 2. Respondents 1 and 2 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners and in view of the settlement, they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 1 and 2 and learned Public Prosecutor were heard. Learned Public Prosecutor also submitted that disputes with the petitioners and respondents 1 and 2 were settled. 4. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when offences alleged against the petitioners are purely personal in nature and there has been settlement of the disputes between the injured and the accused, it is not Crmc 1450/10 4 in the interest of justice to continue the prosecution, as consequent to the settlement there is no likelihood of a successful prosecution and it would only result in unnecessary waste of valuable time of the Court. Petition is allowed. S.C.339/2009 on the file of Assistant Sessions Court, Thrissur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.