IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.MC.No. 4183 of 2009() ------------------------- CC.277/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... (CRIME NO.65/2006 OF MUKKAM POLICE STATION, KOZHIKODE) PETITIONER(S): ACCUSED,DEFACTO COMPLAINANT AND VICTIM: -------------------------------------------------------------------------------------------------- 1. SULFIKAR ALI PARAPPURAM, AGED 37 YEARS, S/O. MUHAMMED PARAPPURAM, PARAPPURAM, P.O. CHERUVADI, KOZHIKODE DISTRICT,KERALA - 673661 NOW RESIDING AT PALAKKUZHI HOUSE, KODIYATHUR P.O., VIA MUKKAM. 2. ABDUL NAZER, S/O.HUSSAIN, EDAKKANDI - PURAYIL, MUTTANCHERRY P.O., MADAVUR AMSOM DESOM, CALICUT. 3. ERNAD USLIM EDUVATIONAL ASSOCIATION, KONDOTTY, MALAPPURAM DISTRICT, THE MANAGEMENT OF P.T.M. HIGH SCHOOL, KODIYATHUR, REPRESENTED BY ITS GENERAL SECRETARY,P.K. MOHAMMED BASHEER. BY ADV. MR.K.M.FIROZ RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4183 OF 2009 =========================== Dated this the 6th day of January,2010 ORDER Petitioners are the de facto complainant and accused in C.C.277/2007 on the file of Judicial First Class Magistrate Court, Thamarassery taken cognizance for the offence under sections 448,341, 323 and 294(b) of Indian Penal Code. Prosecution case is that on 27.2.2006 at about 10.30 p.m while the second petitioner was standing in the veranda of PTM High School, with the intention to cause hurt to the second petitioner first petitioner trespassed into the veranda and wrongfully restrained him and scolded him using obscene language and also caused hurt by beating on his chest and back with his hands and thereby committed offences under sections 448,341,323 and 294 (b) of Indian Penal Code. Third Crl.M.C.4183/2009 2 petitioner is the Association managing the PTM High School. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with first petitioner and petitioners 2 and 3 were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second petitioner the injured who was wrongfully restrained and to whom hurt was caused filed a separate affidavit stating that he has settled the entire disputes with first petitioner and consequent to the settlement, he has no grievance against first petitioner and, third petitioner association which is running the school, has also no grievance and in such circumstances the case is to be quashed. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Annexure A1 final report shows that the offences alleged against petitioners were purely personal in nature. It is the case that while Crl.M.C.4183/2009 3 second petitioner was standing on the veranda of PTM High School first petitioner trespassed into the veranda with the intention to cause hurt to second petitioner and thereafter caused hurt after wrongfully restraining him and also scolded using obscene language and thereby committed the offences. The affidavit filed by the second petitioner establishes that there has been a complete settlement of the disputes with the first petitioner. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 SC) when the offences alleged against first petitioner are purely personal in nature and there has been an amicable settlement of the disputes, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.277/2007 on the file Judicial First Class Magistrate Court, Thamarassery, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.4183/2009 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006