IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 Crl.MC.No. 4489 of 2010 --------------------------------- (CRIME NO.961/2010 OF GANDHI NAGAR POLICE STATION) ............ PETITIONERS/ACCUSED & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. BIBIN, S/O.BENNY THOMAS, KUMMANATHIL, ARPOOKKARA EAST P.O., KOTTAYAM. 2. JUBIN, S/O.KUNJACHAN, THEKKEDATHU (H), ARPOOKKARA EAST P.O., KOTTAYAM. 3. SAJIMON, S/O.SUKUMARAN, PUTHENCHIRA, KALLARA P.O., KOTTAYAM. BY ADVS. SRI.V.K.SUNIL, SMT.NIMA JACOB. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4489 OF 2010 --------------------------------------------------------- Dated this the 11th day of November, 2010. O R D E R The third petitioner is the de facto complainant and petitioners 1 and 2 are the accused in Crime No.961 of 2010 of Gandhi Nagar Police Station, registered for the offences under Sections 341, 323, 324 and 294(b) r/w Section 34 of Indian Penal Code, based on the first information furnished by the third petitioner. The case in the FIR is that on 28.10.2010 at about 4.30 p.m., in furtherance of their common intention, petitioners 1 and 2 wrongfully restrained third petitioner and inflicted injury to his leg by taking the bike and also used filthy words and thereby committed the offences. The petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably . 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. The petition is jointly filed by the de facto complainant and the accused stating that they have settled all the disputes amicably. Annexure-AI FI statement based on which Annexure-AII FIR is registered, establishes that the offences alleged are purely Crl.M.C No.4489 OF 2010 2 personal in nature against the third petitioner. As third petitioner has settled the dispute with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.961 of 2010 of Gandhi Nagar Police Station registered under Annexure-AII FIR, is quashed. M.SASIDHARAN NAMBIAR, JUDGE mns