IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 3663 of 2010() ------------------------- CC.203/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): DEFACTO COMPLAINANT: ---------------------------------------------- 1. K.P.ABDUL ASEESE, S/O.A.ABDUL RAHIMAN, AGED 50 YEARS, THASNEEM MANZIL, KOTTOOLI, PUTHIYARA, KOZHIKODE. 2. K.P.SAIRA BANU, W/O.ASEESE, AGED 37 YEARS, THASNEEM MANZIL, KOTTOOLI, PUTHIYARA, KOZHIKODE. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH RESPONDENT(S): STATE ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVAMBADY POLICE STATION, KOZHIKODE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NOUFAL, S/O.ISMAIL, AGED 26 YEARS, POOKODE HOUSE, KADAVOOR VILLAGE, THACHAN POYIL P.O., THAMARASSERY (VIA), KOZHIKODE - 673 073. 3. ISMAIL, S/O.ABU HAJI, AGED 25 YEARS, POOKODE HOUSE, KADAVOOR VILLAGE, THACHAN POYIL P.O., THAMARASSERY (VIA), KOZHIKODE-673 073. 4. JABHIR, S/O.MOHAMMED, AGED 24 YEARS, THIYARU THODIUKAYIL HOUSE, KADAVOOR VILLAGE, THACHAN POYIL P.O., THAMARASSERY (VIA), KOZHIKODE-673 073. 5. IRSHAD @ MARLINE, S/O.MAMMU, AGED 26 YEARS, MADATHIL HOUSE, KADAVOOR VILLAGE, THACHAN POYIL P.O., THAMARASSERY (VIA), KOZHIKODE-673 073. 6. SAHEER, S/O.MOYATH AHAMMED, AGED 25 YEARS, KIZHAKKE THODUKAYIL HOUSE, KADAVOOR VILLAGE, THACHAN POYIL P.O., THAMARASSERY (VIA), KOZHIKODE-673 073. BY PUBLIC PROSECUTOR SRI.P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3663 OF 2010 =========================== Dated this the 6th day of September,2010 ORDER De facto complainant in C.C.203/2008 on the file of Judicial First Class Magistrate- I,Thamarassery filed this petition under section 482 of the Code of Criminal Procedure to quash further proceedings in the case contending that she has already settled the disputes with respondents 2 to 6 the accused in the case. Judicial First Class Magistrate has taken cognizance for the offences under sections 143, 147, 341, 354, 427 read with section 149 of Indian Penal Code on Annexure A2 final report submitted by the Sub Inspector of Police, Thiruvambady. 2. Prosecution case is that on 28.4.2008 at about 4 p.m respondents 2 to 6 formed themselves into an unlawful assembly with the Crl.M.C.3663/2010 2 common object of wrongfully restraining the petitioners and in furtherance of the common object trespassed into the property and wrongfully restrained petitioners,the wife and the husband and also caused damages to the Maruti Alto car and thereby committed the offences. Petition is filed by the husband and wife together stating that they have settled all the disputes with the petitioners. Consequent to the settlement, it is clear that no purpose will be served by directing respondents 2 to 6 to undergo the ordeal of a trial. In such circumstances, it is not in the interest of justice to continue the prosecution as the offences alleged are purely personal in nature. Petition is allowed. C.C.203/2008 on the file of Judicial First Class Magistrate's Court-I, Thamarassery is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006