IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 1804 of 2009() ------------------------------------ CRIME NO.521/2008 OF PUDUKKAD POLICE STATION, THRISSUR DISTRICT. C.C. NO.2740/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA, THIRSSUR. ............. PETITIONER(S): ACCUSED ---------------------- 1. SARATH P. S/O. VIDYADHARAN, POTTAYIL HOUSE, VATTANATHARA P.O. THRISSUR. 2. SREENATH K.K. S/O. KRISHNANKUTTY, KIZHAKKOOT HOUSE, VATTANATHARA P.O. THRISSUR. 3. VINOD T.M. S/O. MOHANAN, THACHU PARAMBIL VATTANATHARA P.O.,THRISSUR 4. SUJITH T.,S/O. DIVAKARAN, PUTHENVEETTIL HOUSE, VATTANATHARA P.O.THRISSUR. 5. DINESH K. S/O.KRISHNANKUTTY VANIYATH VEEDU, VATTANATHARA P.O. THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL) RESPONDENT(S): DEFACTO-COMPLAINANT --------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. JOJU S/O. GEORGE, CHITTANGARA HOUSE, VATTANATHARA P.O. THRISSUR. BY PUBLIC PROSECUTOR MR.GIKKU JACOB BY ADV. MR.P.M.RAFIQ FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 1804 OF 2009 ------------------------------------------ Dated 5th June 2009 O R D E R Petitioners are the accused in C.C.2740/2008 on the file of Judicial First Class Magistrate, Irinjalakuda. Prosecution case is that on 13/9/2008 petitioners formed themselves into an unlawful assembly and armed with wooden stick attacked second respondent/defacto complainant and the injured in furtherance of their common object and thereby committed offences under Sections 143, 147, 341, 323, 324 read with Section 149 of Indian Penal Code. Learned Magistrate took cognizance of the offence on Annexure-A final report filed under Section 173(2) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash final report contending that subsequently disputes between the petitioners and second respondent were settled and second respondent has no intention to proceed with the case further and in such circumstances the case is to be quashed. CRMC 1804/09 2 2. Learned counsel appearing for petitioners as well as learned counsel appearing for second respondent and learned Public Prosecutor were heard. 3. Learned counsel appearing for petitioners pointed out that offences could have been compounded before the Magistrate but for the offences under Sections 143, 147 and 149. When the offences are of personal nature caused by the personal enmity of the petitioners with second respondent as claimed by the prosecution and the disputes are resolved and second respondent filed an affidavit stating that he has no further grievance against petitioners and do not intent to continue with the prosecution, no purpose will be served by directing trial of the case in the interest of justice, the case is to be quashed. In the light of the affidavit of second respondent filed in this case, it is absolutely clear that he is not going to depose against petitioners. If that be the case, even if petitioners are to be tried, there is no chance of a successful prosecution. When that be the case, considering the fact that it is only offences of personal nature, in the interest CRMC 1804/09 3 of justice petition is allowed. C.C.2740/2008 on the file of Judicial First Class Magistrate, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.