IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Crl.MC.No. 3817 of 2009 ---------------------------------- [CC.NO.10/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR, CR. NO.491/2008 OF NILAMBUR POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- P.GIREESH, S/O. KUMARA MENON, PULLIKKUNNU, KOVILAKATHUMURI, NULLAMBUR, MALAPPURAM DISTRICT. BY ADV. MR.P.SHAMSUDIN. RESPONDENTS/DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------- 1. ANILKUMAR @ UNNI, AGED 31 YEARS, S/O.VELAYUDHAN, VAZHUTHANANGAPARAMBIL, MANALODI, NILAMBUR, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. R1 BY BY ADV. SMT. K.S. SABITHA, R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM, THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3817 OF 2009 =========================== Dated this the 26th day of November,2009 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.10/2009 on the file of Judicial First Class Magistrate Court, Nilambur taken cognizance for the offence under section 324 of Indian Penal Code and section 5(1) read with section 27(1) of Arms Act, on Annexure A3 final report. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire disputes with the first respondent were amicably settled out of court and the countercase was also settled and in such circumstance, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that he is an accused in C.C.64/2009 on the file of Judicial First Class Magistrate Court, Nilambur wherein petitioner is the complainant and both C.C.10/2009 and 64/2009 were amicably settled between the parties and in view of the Crl.M.C.3817/2009 2 settlement he has no subsisting grievance against the petitioner and has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure 3 final report shows that prosecution case is that on 18.8.2008 at about 8.30 p.m, first respondent had stopped Car KL10 AB 2322 in front of the house of the petitioner and when a stone was thrown at the Car first respondent went to the house and asked about it and then petitioner inflicted an injury with a knife and thereby committed the offence. The affidavit filed by the first respondent establish that entire disputes between the petitioner and first respondent were settled amicably and by the settlement first respondent has agreed to settle C.C.10/2007 and petitioner has agreed to settle C.C.64/2007 and in view of the settlement he is not interested in prosecuting the case. The nature of the offence as is clear from Annexure A3 final report is purely personal. The affidavit filed by the first respondent establish that all the disputes with the petitioner were settled. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offence alleged against the petitioners are purely personal in nature and there is an Crl.M.C.3817/2009 3 amicable settlement between the parties it is not in the interest of justice to continue the prosecution, as consequent to the settlement chances of a successful prosecution is very bleak and it would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.10/2009 on the file of Judicial First Class Magistrate Court, Nilambur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006