IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Crl.MC.No. 3263 of 2009() ---------------------------------- CRIME NO.83/2001 OF VARAPUZHA POLICE STATION, ERNAKULAM ......... PETITIONER(S): ACCUSED NO.1 TO 13 AND 15 TO 30 ------------------------ 1. JOHNY, AGED 37 YEARS, S/O.ALEXANDER, RESIDING AT THAIKKOOTTATHIL HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 2. JIJI, AGED 35 YEARS, S/O.GEORGE, RESIDING AT KINARUNGAL HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 3. JAYAN @ ANTONY, AGED 30 YEARS, S/O.JOSEPH, RESIDING AT CHEEVELIL HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 4. THAMBI, AGED 34 YEARS, S/O.JOSEPH, RESIDING AT KOMARAPPILLY HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 5. SUJITHKUMAR, AGED 27 YEARS, S/O.LOHIDHAKSHAN, RESIDING AT VATTATHARA HOUSE, KANDANAD, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 6. NAISHAN, AGED 32 YEARS, S/O.JOSEPH, RESIDING AT THANIPPILLY HOUSE, KANDANAD, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 7. ANDROOS @ ANTONY, AGED 32 YEARS, S/O.GEORGE, RESIDING AT KODUVELIPARAMBIL HOUSE, NEAR WEST SIDE OF KOTHAD CHURCH, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 8. ANEESH, AGED 32 YEARS, S/O.MADHAVAN, RESIDING AT ELOOTHARA HOUSE, KAANJIRAKKADY JETTY, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. CRMC. NO.3263/2009 9. SUNIL, AGED 34 YEARS, S/O.RAPHEL, RESIDING AT ADICHILIL HOUSE, KAANJIRAKKAD JETTY, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 10. BAIZIL, AGED 38 YEARS, S/O.JOSEPH, RESIDING AT ADICHILIL HOUSE, KAANJIRAKKAD JETTY, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 11. DILEEP, AGED 34 YEARS, S/O.CHANDRAN, RESIDING AT PADATH HOUSE, KORAMPADAM SIDE, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 12. GIREESH, AGED 32 YEARS, S/O.MOHANAN, RESIDING AT POLLETHARA HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 13. SHEKSPEARE @ BIJU, AGED 36 YEARS, S/O.KUNJANBAVA, RESIDING AT VAZHATHARA HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 14. JOBY, AGED 31 YEARS, S/O.JOSEPH, RESIDING AT THONIMATTIL HOUSE, NEAR KANDANADU SCHOOL, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 15. ANTONY @ JIPHY, AGED 39 YEARS, S/O.JOSEPH, RESIDING AT THAIKOOTTATHIL HOUSE, KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 16. NADESAN, AGED 51 YEARS, S/O.CHATHAPPAN, RESIDING AT KOZHAPPILLY HOUSE, SIDE OF KANDANADU, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 17. ANILKUMAR, AGED 31 YEARS, S/O.BHASKARAN, RESIDING AT ELOOTHARA VEETTIL, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 18. SHAIJU, AGED 31 YEARS, S/O.ANTONY, RESIDING AT KULLIKKAL HOUSE, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 19. PRINCE, AGED 33 YEARS, S/O.JOPPAN, RESIDING AT THATHAPPILLI HOUSE, KANDANADU, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 20. VILLY, AGED 38 YEARS, S/O.ANSALI, RESIDING AT KALLACHAM MURI HOUSE, SIDE OF KANDANADU, KOTHAD, ERNAKULAM DISTRICT. CRMC. NO.3263/2009 21. BINU, AGED 33 YEARS, S/O.KUNNANBAVA, RESIDING AT VAZHATHARA HOUSE, SIDE OF KANDANADU, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 22. DIXON, AGED 30 YEARS, S/O.JOSEPH, RESIDING AT PALLIPARAMBIL HOUSE, SIDE OF KANDANADU, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 23. JOSY, AGED 33 YEARS, S/O.PETER, RESIDING AT KUTTIKKAL HOUSE, SIDE OF KANDANADU, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 24. ANEESH, AGED 30 YEARS, S/O.MOHANAN, RESIDING AT POLLATHARA HOUSE, SIDE OF KANDANADU, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 25. RAJESH, AGED 36 YEARS, S/O.RAMESAN, RESIDING AT KARIPPUZHA HOUSE, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 26. ANTONY, AGED 39 YEARS, S/O.MARIYAN, RESIDING AT KOLARIKKAN HOUSE, PACHALAM VILLAGE, VADUTHALA, ERNAKULAM DISTRICT. 27. SHAIBY, AGED 31 YEARS, S/O.JOSEPH, KULIYATH HOUSE, KORAMPADAM, KOTHAD, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 28. BIBIN, AGED 35 YEARS, S/O.JOSEPH, RESIDING AT KOOLOTH HOUSE, SIDE OF KORAMBADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. 29. SOJAN, AGED 34 YEARS, S/O.GEORGE, RESIDING AT KODUVELIPARAMBIL HOUSE, SIDE OF KORAMPADAM, KADAMAKKUDY VILLAGE, KOTHAD, ERNAKULAM DISTRICT. BY ADV. MR.T.P.SANTHOSH KUMAR RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. CRMC. NO.3263/2009 2. JOHNSON, AGED 34 YEARS, S/O.FRANSIS, RESIDING AT CHOLANKKERY HOUSE, KOTHAD, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 3. VARGHESE, AGED 28 YEARS, S/O.ANTONY, RESIDING AT MANAPPURATH HOUSE, KOTHAD, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 4. SHAJI, AGED 35 YEARS, S/O.GEORGE, RESIDING AT CHEBOLIPARAMBU HOUSE, KOTHAD, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 5. RAJU, AGED 33 YEARS, S/O.OUSEPH, RESIDING AT CHOLANKKERY HOUSE, KANDANADU BHAGAM, KOTHAD, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 6. SHAIJU, AGED 30 YEARS, S/O.BALAKRISHNAN, RESIDING AT THARAYIL HOUSE, SIDE OF KANDANADU, KOTHAD, KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI R2 BY ADV. MR.LALU MATHEWS M. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3263 OF 2009 ------------------------------------------ Dated 22nd October 2009 O R D E R Petitioners are accused 1 to 13 and 15 to 30 in C.C.464/2006 on the file of Judicial First Class Magistrate-I, North Paravur. Respondents 2 to 6 are the de facto complainants and the injured. It is submitted that accused No.14 and accused No.28 is the same person and hence in the petition accused No.14 was not shown. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure- A2 final report taken cognizance by the learned Magistrate for the offences under Sections 143, 147, 148, 342, 323, 324, 427 and 506(1) read with Section 149 of Indian Penal Code contending that entire dispute with respondents 2 to 6 were amicably settled as evidenced by Annexure-A3 notarised joint affidavit filed by them and in such circumstances, it is not in the interest of justice to continue the prosecution. Advocate Sri.Lalu Mathews appeared for respondents 2 to 6 and submitted that respondents 2 to 6 are Crmc 3263/09 2 personally present in court and they have no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioners, respondents 2 to 6 and learned Public Prosecutor were heard. 3. As is clear from Annexure-A2 final report prosecution case is that on 24/6/2001 all the accused formed themselves into an unlawful assembly at about 5.30 p.m and in furtherance of their common object to attack respondents 2 to 6, armed with weapons attacked them and inflicted injuries and thereby committed the offences. 4. Annexure-A3 affidavit of respondents 2 to 6 with submission of the learned counsel appearing for them establish that there was complete amicable settlement of all the disputes and in view of the settlement they have no grievance against the petitioners and they have no objection for quashing the proceedings. 5. When the offences alleged against the petitioners are purely personal in nature and the disputes were amicably settled between the parties, it is not in the interest of justice to continue the Crmc 3263/09 3 prosecution as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC). The continuation of the proceedings would only result in unnecessary waste of valuable time of the court. In such circumstances, petition is allowed. C.C.464/2006 on the file of Judicial First Class Magistrate-I, North Paravur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.