IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4481 of 2010 ---------------------------------- [CC.NO.1694/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM, CRIME NO.175/07 OF PALARIVATTOM POLICE STATION] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. RAISON, S/O.JOHN, AGED 28 YEARS, PADANILATHIL HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM. 2. SAREESH, S/O.HARIHARAN, AGED 31, PALAPARAMBIL HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM. 3. SUBHEESH, S/O.SUBRAMANIAN, AGED 25 YEARS, MATTAMMELTHUNDI HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM. 4. RAJESH, S/O.BHUVANENDRAN, AGED 29 YEARS, KANNOTHUTHUDI HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM. 5. SHAJI, S/O.AZEEZ, AGED 23 YEARS, PALAPARAMBIL HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM. BY ADVS. SRI.K.R.VINOD, SRI.T.S.SUMESH. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. NAVEEN, S/O.NARAYANAN NAIR, AGED 28 YEARS, NIRNAYA HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM – 682 019. 3. RAJI, W/O.NARAYANAN NAIR, NIRNAYA HOUSE, BHUVANESWARY ROAD, PONNURUNNI, ERNAKULAM – 682 019. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R2 BY ADV. SRI.K.V.ARUN KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C. No.4481 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R Petitioners are accused in C.C.No.1694 of 2009 on the file of Judicial First Class Magistrate Court at Ernakulam taken cognizance for the offences under Sections 143, 147, 148, 341, 323, 324, 325 and 354 r/w 149 of Indian Penal Code on Annexure-A1 final report submitted by Sub Inspector of police Palarivattom. Prosecution case is that on 1.4.2007 at about 8.30 p.m., petitioners formed in to an unlawful assembly with the common object of causing hurt to second respondent, due to previous enmity and in furtherance of their common object armed with deadly weapons wrongfully restrained second respondent and hit on his face causing fracture of tooth and hit on his eye with a stone and when 3rd respondent's mother tried to resist, her modesty was inserted and she was pushed on the ground and petitioners thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that entire disputes with respondents 2 and 3 were settled amicably and consequent to the settlement, it is not in the interest of justice to continue with the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed a joint statement with the petitioners stating that they have settled all the disputes amicably and consequent to the settlement. Respondents Crl.M.C. No.4481 OF 2010 2 2 and 3 have no subsisting grievances against the petitioners and, therefore, the proceedings is to be quashed. 3. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 4. The Annexure-A final report shows that the offences alleged against the petitioners are purely personal in nature against respondents two and three. The joint statement filed by respondents 2 and 3 with the petitioners establish that respondents 2 and 3 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 (SC), when consequent to the settlement there is no likelihood of a successful prosecution and the trial would result only in unnecessary waste of valuable time of the Court, it is not in the interest of justice to continue the prosecution. Petition is allowed CC 1694 of 2009 on the file of Judicial First Class Magistrate Court, Ernakulam is quashed. M.SASIDHARAN NAMBIAR, JUDGE mns