IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Crl.MC.No. 2638 of 2009() ----------------------------------- CC.552/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO.382/2006 OF PATTAMBI POLICE STATION. .................... PETITIONER/ACCUSED --------------------------------- MUHAMMED RAFIQUE, S/O.MOOSA, KOLAKKATTIL HOUSE, CHUNDAMPATTA (PO), KULUKALLOOR, OTTAPALAM TALUK. BY ADV. MR.P.K.MOHANAN(PALAKKAD) RESPONDENTS/STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MADHAVAN, S/O.CHATHAN, PATTARUMADOM PADI HOUSE, CHUNDAMPATTA (PO), KULUKALLOOR, OTTAPALAM TALUK. 3. SARASWATHI, W/O.SAJEEV, KIZHAKKUMKARA HOUSE, CHUNDAMPATTA (PO), KULUKALLOOR, OTTAPALAM TALUK. 4. SANKUNNI, S/O.RAMAN, THIRUMANGALATH HOUSE, CHUNDAMPATTA (PO), KULUKALLOOR, OTTAPALAM TALUK. 5. MANI @ AMMU, W/O.SANKUNNI, THIRUMANGALATH HOUSE, CHUNDAMPATTA (PO), KULUKALLOR, OTTAPALAM TALUK. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 TO R5 BY ADV. MR.C.DILIP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2638 of 2009 -------------------------- ORDER Petitioner is the second accused in C.C.No. 552/2006 on the file of Judicial First Class Magistrate's Court, Pattambi, taken cognizance for the offences under Sections 341, 323, 452, 354 and 506(i) read with Section 34 of Indian Penal Code on Annexure-5 final report. Prosecution case is that petitioners, in furtherance of their common intention, caused hurt to respondents 2 to 5 after committing house trespass and thereby committed the alleged offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate contending that in view of the settlement arrived at between the petitioner and respondents 2 to 5, it is not in the interest of justice to continue the prosecution. Annexure-7 affidavit was filed by respondents 2 to 5 stating that they have settled CRMC 2638/09 2 the disputes with the petitioner and in view of the settlement, they have no subsisting grievance against the petitioner and therefore, they have no objection for quashing the case as against the petitioner. 2. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioner are purely personal in nature as against respondents 2 to 5 and there was a complete settlement of all the disputes between them, it is not in the interest of justice to proceed with the case and thereby waste the valuable time of the court, when ultimately, chances of a successful prosecution is very bleak. In such circumstances, petition is allowed. C.C.No.552/2006 on the file of Judicial First Class Magistrate's Court, Pattambi as against the petitioner/second accused is quashed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv