IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Crl.MC.No. 3223 of 2011 -------------------------------- LPR.132/2010 of JFCM, KUNNAMKULAM .................... PETITIONER/2ND ACCUSED: RAJESH, AGED 28 YEARS, S/O.BHASKARAN, MOOKKANAM KULANGARA HOUSE, VADAKKEKKAD. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS/VICTIMS & STATE: 1. SATHEESH, AGED 34 YEARS, S/O.MADHAVAN, PORATHUR HOUSE, VALIPARAMBU ANGADI, KUNNAMKULAM, TALAPILLY TALUK, THRISSUR DISTRICT.680 609. 2. SUNDARAN, AGED 34 YEARS, S/O.CHANDRAN, KATTISSERI HOUSE, KALLUR, CHAVAKKAD TALUK, THRISSUR DISTRICT.680 609. 3. PRASAD, AGED 27 YEARS, S/O.VASU, KANNATHU HOUSE, VYLATHUR, CHAVAKKAD TALUK, THRISSUR DISTRICT.680 609. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD FOR R4 ADV. SRI.KHALID FOR R1 TO R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3223/2011 ANNEXURE-A CERTIFIED COPY OF THE FIR IN CRIME 104/09 OF VADAKKEKAD POLICE STATION ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN CRIME 104/09 OF VADAKKEKAD POLICE STATION ANNEXURE-C AFFIDAVIT SWORN TO BY THE FIRST RESPONDENT ANNEXURE-D AFFIDAVIT SWORN TO BY THE SECOND RESPONDENT ANNEXURE-E AFFIDAVIT SWORN TO BY THE THIRD RESPONDENT /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.3223 of 2011 ------------------------------------------- Dated this the 26th day of September, 2011 ORDER Petitioner was the second accused in Crime No.104/2009 of Vadakkekkad Police Station. The offences alleged against them are under Sections 143, 147, 148, 341, 324, 308 and 427 read with Section 149 of Indian Penal Code. It is stated that accused 1 and 3 to 7 faced trial in S.C.No.131/2010 before II Additional Assistant Sessions Court, Thrissur and they were acquitted of the offences. Petitioner was not available at that time, since he was abroad in connection with his job. Therefore, the case against him was split up. It is now pending as L.P.No.132/2010 on the file of Judicial First Class Magistrate Court, Kunnamkulam. 2. Learned counsel for the parties submitted that they have amicably settled the matter out of court. Respondents 1 to 3, who were the injured persons, are represented by their counsel. They have filed affidavits stating that they have no grievance against the petitioner and that they are not intending to prosecute the matter further. CRMC 3223/2011 2 3. On going through the records, it is seen that the dispute is purely personal in nature. Therefore, this Court would be justified in invoking the jurisdiction under Section 482 of Code of Criminal Procedure to quash the proceedings. In the result, this petition is allowed. Proceedings in L.P.No.132/2010 on the file of Judicial First Class Magistrate Court, Kunnamkulam is quashed. (N.K.Balakrishnan, Judge) tkv