IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3599 of 2010() ----------------------------------- CRIME NO.444/2010 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM. ............. PETITIONER(S): ACCUSED 1-5: ---------------------------------------------- 1. RADHAKRISHNAN, AGED 22 YEARS, S/O.BALU SWAMI, TC 36/1471, MANAVA NAGAR, PETTA, THIRUVANANTHAPURAM DISTRICT. 2. VIPIN @ KOCHU KUTTAN, AGED 26 YEARS, S/O.VIJAYAN, TC 36/1471, MANAVA NAGAR, PETTA, THIRUVANANTHAPURAM DISTRICT. 3. JITHU @ MUDHUN FRANCIS, AGED 21 YEARS, S/O.FRANCIS, TC 75/275, NEAR KURIZUMMODU AYYAPPA TEMPLE KADAKAMPPILLY VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4. VISHNU, AGED 19 YEARS, S/O.DILEP KUMAR, TC 77/2264, ATTUVARAMPIL HOUSE, PETTA, THIRUVANANTHAPURAM DISTRICT. 5. ARUN DAS, AGED 26 YEARS, S/O.MADHUSOODHANAN NAIR, VAYALIL VEEDU, THAZHASSERI, THOPPUKULANGARA PETTAH P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. BINU, S/O.VELAPPAN, AGED 24 YEARS, VELITHODU VEETTIL, ARUVIPPURAM NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 BY ADV. SRI.S.M.NOWFFI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3599 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER Petitioners are the accused and the second respondent the de facto complainant, who is also the injured, in Crime No.444/2010 of Vanchiyoor Police Station registered under Annexure I F.I.R for the offences under sections 143, 147, 148, 452,323 and 325 read with section 149 of Indian Penal Code. The F.I.R was registered based on the First Information Statement of the second respondent, on the allegation that petitioners formed themselves into an unlawful assembly and in furtherance of the common object caused hurt on 28.5.2010 at about 6 p.m after house trespass. This petition is filed under section 482 of Code of Criminal Procedure contending that the offences alleged are all purely Crl.M.C.3599/2010 2 personal in nature against the second respondent and subsequently the entire disputes were settled amicably and therefore it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that subsequent to the registration of the case, entire disputes with the petitioners were settled amicably and due to the settlement, no purpose will be served by continuing the case and in view of the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Learned Public Prosecutor on instruction submitted that the statement of the second respondent taken subsequently reveal that there was settlement of the disputes with the petitioners. 5. AnnexureI F.I.R establishes that offences alleged against the petitioners are purely personal Crl.M.C.3599/2010 3 in nature against the second respondent. The affidavit filed by the second respondent establishes that subsequently he has settled entire disputes with the petitioners and consequently he has no subsisting grievance against the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offence alleged against the petitioners are purely personal in nature and there has been an amicable settlement of the dispute with the second respondent, the de facto complainant, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.444/2010 of Vanchiyoor Police Station, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006