IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 4115 of 2010() ------------------------------ (CC.127/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR) .................... PETITIONER(S): ACCUSED NO.1 TO 7 -------------------------------------------- 1. JAGADHEESH,S/O.SIVAN,AGED 42 YEARS, MUDHIRARKKALAM HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 2. SABU,S/O.GOVINDAN,AGED 42 YEARS, KARETTEDATHU HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 3. LALITHA,W/O.JAGADHEESH,AGED 40 YEARS, MUDHIRARKKALAM HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 4. THOMAS,S/O.AGASTHY,AGED 59 YEARS, PAYIKKATTU HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 5. SANTHOSH,S/O.THOMAS,AGED 26 YEARS, PAYIKKATTU HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 6. M.T.P.SHABEER,S/O.HAMSA,AGED 23 YEARS, THEKKEPEEDIKAYIL HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 7. SULAIMAN,S/O.HASSAN,AGED 45 YEARS, PEEDIKAYIL HOUSE,VAYAKKARA AMSOM,ARIMBU DESOM, CHERUPUZHA.P.O. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) ........2/... ...2... RESPONDENT(S): COMPLAINANT -------------------------------------- 1. V.T.DEVASSIA,S/O.THOMAS,AGED 67 YEARS, VANISSERIYIL HOUSE,VAYAKKARA AMSOM, ARIMBU DESOM,CHERUPUZHA.P.O. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. R1 BY ADV. SRI.V.SUMESH R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4115 OF 2010 --------------------------------------------------------- Dated this the 8th day of October, 2010. O R D E R Petitioners are the accused in C.C.No.127 of 2009 on the file of Judicial First Class Magistrate Court, Payyannoor taken cognizance for the offences under Section 143, 147, 148, 447, 341 and 324 read with 149 of Indian Penal Code. Annexure-A final report submitted by the Assistant Sub Inspector, Peringome Police Station. First respondent is the de facto complainant. The petition is filed Section 482 of code of Criminal Procedure to quash the case pending before the learned Magistrate contending that entire disputes were settled amicably with first respondent, the de facto complainant, who is also the injured and, therefore, it is not in the interest of justice to continue with the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that he is the de facto complainant and the injured and he has settled all the disputes with the petitioners and, therefore, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. Crl.M.C No.4115 OF 2010 2 4. Annexure -A Final Report shows that prosecution case is that on 7.12.2008 at about 6. P.M, petitioners formed themselves into an unlawful assembly with the common object of causing hurt to the first respondent and in furtherance of the common object, armed with deadly weapons, trespassed in to the property of the first respondent and caused hurt to first respondent after wrongfully restraining him and they thereby committed the offences. The offences alleged are purely personal in nature as against first respondent. The affidavits filed by the first respondent shows that he has already settled all the disputes with the petitioner. In the circumstances as held by Apex Court in Madan Mohan Abbot v. State of Punjab, (2008 (3) KLT 19 (SC), it is not in the interest of justice to continue with prosecution. Petition is allowed. CC.127/2009 on the file of Judicial First Class Magistrate Court, Payyannoor is quashed. M.SASIDHARAN NAMBIAR, JUDGE. mns