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. 2154 of 2009() ------------------------- CC.176/2004 of JUDL.MAGISTRATE OF FIRST CLASS - I,NORTH PARAVUR .................... PETITIONER(S): ACCUSED NOS.1,2,3,4,5,7 AND 8: ------------------------------------------------------------------------- 1. VISWAMBHARAN, MANKUZHIVEETTIL, THANNIPADAM, PARAVOOR, ERNAKULAM DIST. 2. ANOOP, MANKUZHIVEETTIL, THANNIPADAM, PARAVOOR, ERNAKULAM DIST. 3. VENU, KATHANAPARAMBUVEETTIL, THANNIPADAM, PARAVOOR, ERNAKULAM DIST. 4. GOPALAN, KANAKKASSERIL VEEDU, THANNIPADAM, PARAVOOR, ERNAKULAM DIST. 5. RAMACHANDRAN, ELAKUDIPARAMBIL, THANNIPADAM, PARAVOOR, ERNAKULAM DIST. 6. RAMANAN, SAROJINI NIVAS, KANDAKARNANVELI, KAITHARAM, PARAVOOR, ERNAKULAM DIST. 7. MANOJ, MANNUKUZHIYILVEETIL, KOTTUVALLY, PARAVOOR, ERNAKULAM DIST. BY ADV. MR.MANSOOR.B.H. RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING STATION HOUSE OFFICER, NORTH PARAVOOR POLICE STATION. Kss ..2/- ....2.... CRMC.NO.2154/2009 2. SARADHA, KALATHIPARAMBIL VEEDU, THANNIPADOM, PARAVOOR, ERNAKULAM DIST. *ADDL.R3 & R4 ARE IMPLEADED: R3. SHEEJA, W/O.SALY, KALATHIPARAMBILVEETTIL, THANNIPADAM, PARAVOOR, ERNAKULAM. R4. SANITHA, D/O.CHATHAN, KALATHIPARAMBILVEETTIL, THANNIPADAM, PARAVOOR, ERNAKULAM. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD. 26/08/2009 IN CMP.NO.4835/09) R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR BY ADV. MR.R.KRISHNAKUMAR (CHERTHALA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2154 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.176/2004 on the file of Judicial First Class Magistrate's Court, North Paravur, taken cognizance for the offences under Sections 143, 147, 447, 427 and 506(i) read with Section 149 of Indian Penal Code on Annexure-II final report. 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 petitioners and respondents 2 to 4, it is not in the interest of justice to further prosecute the petitioners. 2. Respondents 2 to 4 appeared through a counsel and filed separate affidavits stating that they have already settled the disputes with the petitioners. 3. Prosecution case, as seen from Annexure-II final report, is that petitioners formed themselves into an unlawful assembly with the common object of committing house trespass and causing damages to the CRMC 2154/09 2 property of the first respondent and in furtherance of the common object, on 29.1.2004, committed house trespass and intimidated respondents 2 to 4 and thereby committed the alleged offences. 4. Affidavits filed by respondents 2 to 4 establish that there was a settlement of the disputes with the petitioners. When the offences alleged against the petitioners are purely personal in nature as against respondents 2 to 4 and all the disputes were settled between them, 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, when, ultimately, consequent to the settlement, possibility of a successful prosecution is very bleak. Petition is allowed. C.C.No.176/2004 on the file of Judicial First Class Magistrate's Court, North Paravur as against the petitioners is quashed. 26th August, 2009 (M.Sasidharan Nambiar, Judge) tkv