IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.MC.No. 4232 of 2010() ------------------------ CC.308/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT, MUVATTUPUZHA CRIME NO. 239/2010 OF KOOTHATTUKULAM POLICE STATION, ERNAKULAM .................. PETITIONERS / 1ST AND 2ND ACCUSED : --------------------------------------------------------- 1. SWARAN.P. SOMAN, AGED 26 YEARS, S/O. SOMAN, PUTHENKANDATHIL HOUSE, KOOTHATTUKULAM KARA AND VILLAGE, PINCODE-686662. ERNAKULAM DISTRICT. 2. VINU FRANCIS, AGED 25 YEARS, S/O. FRANCIS, PUTHANKANDATHIL HOUSE, KOOTHATTUKULAM KARA AND VILLAGE, PINCODE-686662, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A. KOTTAM RESPONDENTS / STATE AND DEFACTO COMPLAINANTS : --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOOTHATTUKULAM POLICE STATION, (INVESTIGATING OFFICER IN CRIME NO. 239/2010, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. 2. BIJU THOMAS, AGED 39 YEARS, S/O. THOMAS, ATHANICKAL HOUSE, PALAKUZHA KARA AND VILLAGE. 3. BABY, AGED 54 YEARS, S/O. ITHAK, NEDUMALAYAIL HOUSE, PALAKUZHA KARA AND VILLAGE. R1 BY PUBLIC PROSECUTOR SMT. C.M.CHARISMA BY ADV. SRI.KARTHIK S. ACHARYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. -------------------------- Crl.M.C.No.4232 of 2010 --------------------------- Dated this the 18th day of October, 2010 O R D E R Petitioners are the accused, respondents 2 and 3 the defacto complainant and the injured in C.C.No.308 of 2010 taken cognizance for the offences under Sections 341,323 and 294(b) r/w Section 34 of Indian Penal Code. Prosecution case is that on 08-05-2010 at about 6.45 p.m, in furtherance of their common intention, petitioners wrongfully restrained respondents 2 and 3 and caused hurt by beating with their hands and scolded them using abusive language and thereby committed the offences. Petition is filed under Section 482 Code of Criminal Procedure to quash the cognizance taken contenting that the offence alleged are purely personnel in nature against respondents 2 and 3 and subsequently entire disputes were amicably settled and consequent to the settlement it is not in the Crl.M.C.No.4232 of 2010 2 interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through their counsel and filed a joint petition along with the petitioners stating that they have mutually settled all the disputes out of court and therefore, respondents 2 and 3 have no intention to proceed with the case and hence it is to be quashed. 3. Learned counsel appearing for petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. The offences alleged in annexure A1 final report are purely personnel in nature against respondents 2 and 3. The offences under Section 323, 341 of Indian Penal Code are compoundable offences. Though offence under Section 294(b) is not compoundable, joint petition filed with the petitioners establish that entire disputes with the petitioners were amicably settled by respondents 2 and 3. As held by the Apex court in Madan Mohan Abbot v State of Punjab (2008 (3) KLT 19 (SC) when Crl.M.C.No.4232 of 2010 3 the offences alleged are purely personnel in nature against respondents 2 and 3 and the injured settled the disputes with the petitioners and consequent to the settlement, there is no likelyhood of a successful prosecution, it is not in the interest of justice to continue the prosecution. The petition is allowed C.C.No.308 of 2010 on the file of Judicial First Class Magistrate Court, Muvattupuzha is quashed. M.SASIDHARAN NAMBIAR,JUDGE. pm