IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.MC.No. 4216 of 2009() ------------------------------------ CRIME NO.675/2009 OF ADIMALI POLICE STATION. .................. PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. SHIJI, AGED 37 YEARS, D/O.POULOSE, VEENALIL HOUSE, 12TH MILE, VALARA POST, MANNAMKANDAM VILLAGE, IDUKKI. 2. AMMINI, AGED 58 YEARS, W/O.POULOSE, VEENALIL HOUSE, 12TH MILE, VALARA POST, MANNAMKANDAM VILLAGE, IDUKKI. BY ADV. MR.S.JIJI RESPONDENTS/DEFACTO COMPLAINANT AND STATE ------------------------------------------------------------------------------ 1. BIJI, AGED 32 YEARS, W/O.BYJU, VEENALIL HOUSE, 12TH MILE, VALARA POST, MANNAMKANDAM VILLAGE, IDUKKI. 2. THE S.I OF POLICE, ADIMALI POLICE STATION, IDUKKI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. SMT.C.G.PREETHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2010, ALONG WITH CRMC NO.4218 OF 2009 AND CRMC NO.4219 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------------------------------- Crl.M.C.NOs.4216, 4218 & 4219 OF 2009 ------------------------------------------------------------------ Dated 14th January 2010 O R D E R Petitioners in Crl.M.C.4216/2009 are the accused in crime No.675/2009 of Adimali police station registered for the offences under Sections 452, 308, 379 and 427 read with Section 34 of Indian Penal Code. Though crime was registered on recording first information statement of the first respondent that petitioners trespassed into her house and with a chopper, caused hurt and as chopper was aimed at her neck if it had fallen on her, it would have caused her death. 2. Crl.M.C.4218/2009 is filed by the accused in crime No.672/2009 of Adimali police station. First respondent is the Crmc.4216, 4218 & 4219/09 2 first petitioner in Crl.M.C.4216/2009, who is the de facto complainant. That crime was registered on recording first information statement of first respondent for the offences under Sections 323, 324 and 394 read with Section 34 of Indian Penal Code on the allegation that petitioners came to her house demanding Rs.3,00,000/- and took away the articles after threatening that first respondent would be killed and thereby committed the offences. 3. Crl.M.C.4219/2009 is filed by the accused in crime No.674/2009, who is the first petitioner in Crl.M.C.4216/2009. Her father is the first respondent therein. Crime was registered on first information statement of first respondent for the offences under Sections 324 and 323 of Crmc.4216, 4218 & 4219/09 3 Indian Penal Code. These petitions are filed under Section 482 of Code of Criminal Procedure to quash the FIRs contending that consequent to the settlement of all disputes, it is not in the interest of justice to continue the prosecution. 4. Learned counsel appearing for the petitioners and respective first respondent, de facto complainants and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that the matter has been settled. 5. Respective de facto complainants have filed joint statements with the petitioners in all the cases reporting settlement. 5. First respondent in Crl.M.C.4219/2009, who is the de facto Crmc.4216, 4218 & 4219/09 4 complainant in crime 674/2009 and second petitioner in Crl.M6/2009, who is second accused in crime 675/2009 are husband and wife. Petitioner in Crl.M.C.4219/2009, who is first petitioner in Crl.M.C.4216/2009, and second petitioner in Crl.M.C.4218/2009 who is the second accused in crime 672/2009 are their children. First respondent in Crl.M.C.4216/2009 who is the de facto complainant in crime 675/2009 is the wife of the second petitioner in Crl.M.C.4218/2009. The incidents allegedly involved in the case is the result of family dispute. Joint statement filed by the respective de facto complainants and the accused in all the cases establish that entire disputes were settled amicably. In such circumstances, as held by the Apex Crmc.4216, 4218 & 4219/09 5 court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) it is not in the interest of justice to continue the prosecution. Petitions are allowed. Crime Nos.675/2009, 672/2009 and 674/2009 of Adimali police station are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.