IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4313 of 2010() ------------------------------------ LP.33/1995 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PATHANAMTHITTA CRIME NO. 108/1991 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER(S): 2ND ACCUSED --------------------------------------------- BABY @ VARGHESE, AGED 65, S/O. THOMAS, PURAYIDATHIL VEETIL, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE & DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/DE-FACTO COMPLAINANT/STATE -------------------------------------------------------------------------------------------------- 1. RADHAMONY, AGED 45 YEARS, D/O. JANAKI, RESIDING AT KAIMOOTTIL, MALAYALAPPUZHA THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT. 2. DEENAMMA, AGED 47 YEARS, D/O. KUNJAMMA, RESIDING AT PLAVELIL KALLICHETU, KUMBAZHA, PATHANAMTHITTA VILLAGE & DISTRICT. 3. THE SUB INSPECTOR, PATHANAMTHITTA POLICE STATION. 4. STATE OF KERALA, REPRESENTEED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 & R2 BY ADV. SRI.PRAKASH KESAVAN R3 & R4 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4313 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R Petitioner was the second accused in Crime No.108/1991 of Pathanamthitta Police Station. As he was absconding, the case against him was split up and first accused was tried and he was acquitted. The case against the petitioner was subsequently transferred to the register of long pending cases as L.P.33/1995, on the file of Judicial First Class Magistrate's Court-II, Pathanamthitta. The cognizance was taken on Annexure-1 final report for the offences under Sections 354, 323, 379 read with Section 34 of Indian Penal Code. Prosecution case is that on 23/12/1991 at about 6.15 p.m while the petitioner, first accused, and respondents 1 and 2 were Crmc 4313/10 2 travelling in K.S.R.T.C bus No.767 (KLX-3932) and reached Kalarickal West Junction, first accused hit on the left shoulder of the first respondent and broke gold chain worn by her and petitioner, hit on the shoulder of second respondent and caused her gold chain to fall and they took away the gold chain and thereby committed the offences under Sections 354, 323, 379 read with Section 34 of Indian Penal Code. The offences alleged are purely personal in nature. The affidavit filed by respondents 1 and 2 establish that they have settled all the disputes with the petitioner and consequent to the settlement they have no objection for quashing the proceedings. 2. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in nature and the disputes were Crmc 4313/10 3 settled amicably between the accused and the injured, it is not in the interest of justice to continue the prosecution. Case against first accused has already ended in acquittal. Affidavit filed by respondents 1 and 2 establish that they have settled the disputes with the petitioner. In such circumstances, when there is no likelihood of a successful prosecution consequent to the settlement, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.33/1995 on the file of Judicial First Class Magistrate's Court, Pathanamthitta is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.