IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Crl.MC.No. 4369 of 2002() ------------------------------------- (CRIME NO.117/2002 OF MEDICAL COLLEGE POLICE STATION,KOZHIKODE) PETITIONER(S): 1ST ACCUSED: ------------------------------------------------ SANDEEP K.NAIR, S/O.C.K.KUTTIKRISHNAN, GETHA KRISHNA HOUSE,P.O.MAYANAD,KOZHIKODE -8. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION,KOZHIKODE-8 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE,KOZHIKODE-8,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. *ADDL.R3 IS IMPLEADED: R3. SRI.THOMAS, S/O.C.T.SIMON, 22/02, CHERUTHON HOUSE, ELAMPPALLY, PATHANAMTHITTA DISTRICT. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 19/11/2009 IN CRL.M.A.NO.6106/09 IN CRL.M.C.4369/02.) R1 &R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM ADDL.R3 BY ADV.MR.JOHN JOSEPH(ROY) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/12/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4369 OF 2002 =========================== Dated this the 11th day of December,2009 ORDER Petitioner is the first accused in Crime 117/2002 of Medical College Police Station, Kozhikode registered on Annexure A1 F.I.R, on the First Information Statement of third respondent, the de facto complainant, for the offences under sections 392 and 153A read with section 34 of Indian Penal Code. This petition is filed under section 482 of the Code of Criminal Procedure to quash the F.I.R and all further proceedings. 2. Case of the petitioner is that the case was registered at the instance of the second respondent Circle Inspector of Police, to wreak vengeance against the petitioner as C.C.108/2002 on the file of Judicial First Class Magistrate Court, Kunnamkulam was taken cognizance on a private complaint filed by the petitioner against the said Circle Inspector of Police and other police officials alleging that they committed offences under sections 143,147,166,167,452,294(b),323, 342,427 and 506(ii) read with section 149 of Indian Crl.M.C.4369/2002 2 Penal Code. It is contended that continuation of the proceedings is only an abuse of process of court and the only allegation in the First Information Statement is that when the third respondent was proceeding towards the house of Easwari Krishna, for propagating the functions of “Crusade for India” the people of the locality objected the third respondent showing the casette of Jesus and therefore third respondent returned back without exhibiting the casette. It is alleged that when he reached near to the house of Krishnan, two motor bikes of KL.11.F-9236, KL.11.C.3389 came along that way and the person who came in that motor bike asked the third respondent to open the box and when it was opened they took away the VCP in KLF 9236 bike and threatened the third respondent that they shall not engage in the work of propagating Jesus and asked them to escape if they value their life and therefore they ran away and the VCP worth Rs.4500/- was forcibly taken by the culprits. Except stating that he could identify the said two persons, nothing was disclosed to identify the said persons and in such circumstances, when petitioner was not involved in the case at all, continuation of the proceedings is only an abuse of process of the court. It is contended that petitioner was a student at that time and Crl.M.C.4369/2002 3 he has not committed any criminal act and in such circumstance, the case is to be quashed. 3. Third respondent appeared through a counsel. Learned counsel appearing for the petitioner, third respondent and learned Public Prosecutor were heard. 4. Learned counsel appearing for third respondent submitted that subsequently the entire disputes with the petitioner were settled amicably and in view of the settlement, third respondent has no objection for quashing the proceedings. 5. When the offences alleged against the petitioner are purely personal in nature and there has been amicable settlement of the disputes with the third respondent, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.117/2002 of Medical College Police Station, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006