IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1205 of 2010 ---------------------------------- (SC.NO.30/2010 OF II ADDL.ASSISTANT SESSIONS COURT, ERNAKULAM) .................... PETITIONERS/DEFACTO COMPLAINANT: ----------------------------------------------------------- 1. FRANKLIN ANIL BABY, AGED 21 YEARS, S/O BABY GEORGE, SANTHAMPARA POLICE QUARTERS, IDUKKI. 2. RAJESH, AGED 21 YEARS, S/O.KELU, PAYIMOOLA VEEDU, CHERUKATOOR, PANAMARAM, WAYANAD. 3. LIJU MON P.S., AGED 24 YEARS, S/O.SEKAHARAN, PANACHIPALLIYIL VEEDU, EDADU, MOOLAMATTAM, IDUKKI. 4. PRADEESH, AGED 21 YEARS, S/O.PURUSHOTHAMAN NAIR, AMBULAYIL, KOORAL, ELAMKULAM, KOTTAYAM. 5. TANSEER, AGED 22 YEARS, S/O.HUMSA, THAIVILODATH VEETIL, POONITHURA VILLAGE, THAMMANAM KARA. BY ADV. MR.K.NIKHIL NARENDRA NATH. RESPONDENT/STATE & COMPLAINANT: ---------------------------------------------------------- STATION HOUSE OFFICER, CENTRAL POLICE STATION, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1205 of 2010 -------------------------- ORDER Petitioners 1 to 4 are the accused and fifth petitioner, the defacto complainant in S.C.No. 30/2010 on the file of II Additional Assistant Sessions Court, Ernakulam. Annexure-A final report submitted by the Sub Inspector of Police, Central Police Station, Ernakulam shows that prosecution case is that petitioners 1 to 4 joined together with the common intention of causing hurt to fifth petitioner and in furtherance of the common intention, on 23.3.2009 at about 10.30 a.m., first petitioner hit on the face of the fifth petitioner causing him to fall and second petitioner kicked with his legs and third petitioner hit on the eyebrow of the fifth petitioner with a brick and though he hit fifth petitioner once again, as fifth petitioner evaded, it did not cause any injury and fourth petitioner hit fifth petitioner with a stick CRMC 1205/10 2 and thereby, all the accused committed offences under Sections 323, 324 and 308 read with Section 34 of Indian Penal Code. An offence under Section 308 of Indian Penal Code is alleged only for the reason that if fifth petitioner had not evaded when the third petitioner hit on his face for the second time with a brick, it would have caused his death. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes between petitioners 1 to 4 and fifth petitioner were settled amicably and therefore, it is not in the interest of justice to continue the prosecution. 2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure-A final report itself shows that the dispute arose between petitioners 1 to 4 and fifth petitioner on account of the apprehension that fifth petitioner would disclose to the hostel authorities that petitioners 1 to 4 had consumed CRMC 1205/10 3 liquor on the College Day of Maharaja's College, Ernakulam. Offences alleged against petitioners 1 to 4 are purely personal in nature against the fifth petitioner. Joint petition filed by petitioners 1 to 4, along with fifth petitioner, establishes that entire disputes between them were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged are purely personal in nature and petitioners 1 to 4 have settled the disputes with fifth petitioner, it is not in the interest of justice to continue the prosecution. Petition is allowed. S.C.No.30/2010 on the file of II Additional Assistant Sessions Court, Ernakulam is quashed. 7th April, 2010 (M.Sasidharan Nambiar, Judge) tkv