IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Crl.MC.No. 483 of 2010() ----------------------------------- C.C.943/2007 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. CRIME NO.215/2007 OF MANJESWAR POLICE STATION. ...................... PETITIONERS/ACCUSED ------------------------------------ 1. HANEEF, AGED 39 YEARS, S/O.ABDUL RAHMAN HAJI, MANJESWARAM GRAMA PANCHAYATH IX/302, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 2. KAYANJI @ ABDUL KHADER, AGED 54 YEARS, S/O.ABDUL RAHMAN HAJI, MANJESWARAM GRAMA PANCHAYATH IX/306, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 3. MAJEED @ ABDUL MAJEED, AGED 28 YEARS, S/O.MONU, MANJESWARAM GRAMA PANCHAYATH IX/326, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 4. ANSAF, AGED 25 YEARS, S/O.KAYINJJ, MANJESWARAM GRAMA PANCHAYATH IX/306, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 5. RAFEEQ, AGED 23 YEARS, S/O.MONU, MANJESWARAM GRAMA PANCHAYATH IX/326, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 6. BASHEER, AGED 22 YEARS, S/O.ABDULLA, MANJESWARAM GRAMA PANCHAYATH IX/306, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 7. SIDIQUE, AGED 27 YEARS, S/O.MUHAMMED, MANJESWARAM GRAMA PANCHAYATH IX/306, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 8. ISMAIL, AGED 51 YEARS, S/O.MAMMALI, MANJESWARAM GRAMA PANCHAYATH IX/306, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT. Crl.MC.No. 483 of 2010 9. ALI, AGED 25 YEARS, S/O.MUHAMMED, MANJESWARAM GRAMA PANCHAYATH IX/326, ARIMALA HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT 10. MAMMAD, AGED 51 YEARS, S/O.MAMMUNJI, MANJESWARAM GRAMA PANCHAYATH IX/345, GANINCHAN HOUSE, ARIMALA, BEDAJE, KASARAGOD DISTRICT. 11. A.S. ANSAF, AGED 39 YEARS, S/O.SHAIK AHAMMED, MANJESWARAM GRAMA PANCHAYATH IX/346, THAHIRA MANZIL, ARIMALA, BEDAJE, KASARAGOD DISTRICT. BY ADV. MR.M.SASINDRAN, MR.JOHNY THOMAS. RESPONDENT/COMPLAINANT -------------------------------------------- 1. ALI ABDULKHADER, AGED 55 YEARS, S/O.ABDUL KHADER, 'ANAKKAL HOUSE', P.O.ANAKKAL, MANJESWAR VIA., KASARAGOD DISTRICT. 2. K.H. ABOOBACKER, AGED 58 YEARS, S/O.ABDULLA, HIGLODI HOUSE, KUNJATHUR, P.O.KUNJATHUR, MANJESWARAM, KASARAGOD DISTRICT. 3. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R1 & R2 BY ADV. MR.S.R.SREEJITH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.483 OF 2010 ------------------------------------------ Dated 22nd February 2010 O R D E R Petitioners are the accused in C.C.943/2007 on the file of chief Judicial Magistrate's court, Kasaragod. Prosecution case is that on 13/7/2007 at about 5.50 p.m petitioners formed themselves into an unlawful assembly, with the common object of causing hurt and damages, and in furtherance of the common object armed with deadly weapons like iron rod stopped Maruti Omni Van KA-19/MF-2097 being driven by the first respondent by blocking the road with Maruti car KL-14B.2247 and motor cycle KL-14D.9262 and with iron road first accused hit on the face, chest and hands of the first respondent and caused grievous Crmc 483/10 2 hurt and second accused showing knife threatened that he will be murdered and they caused damages to the Maruti van of first respondent to the tune of Rs.8,150/- and thereby committed offences under Sections 143, 147, 148, 341, 323, 326, 506(ii) and 427 read with Section 149 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that subsequently there was an amicable settlement of all the disputes with respondents 1 and 2 and they have no subsisting grievance as against the petitioners and therefore, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of justice to continue the prosecution and therefore, case is to be Crmc 483/10 3 quashed. 2. Respondents 1 and 2 appeared through a counsel and filed a joint petition along with the petitioners stating that there was amicable settlement of all the disputes and they are all now friends and respondents 1 and 2 have absolutely no surviving grievance against the petitioners and they have no objection to quash the proceedings. 3. Learned counsel appearing for the petitioners, respondents 1 and 2 and learned Public Prosecutor were heard. 4. Learned Public Prosecutor submitted that statement of respondents 1 and 2 were subsequently recorded and their statements also revealed that there was amicable settlement and respondents 1 and 2 have no surviving grievance against the petitioners. Crmc 483/10 4 5. As held by the Apex court in Madan Mohan Abbot's case (supra) even though offences are not compoundable, when there was an amicable settlement of all the disputes between the injured and the accused and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution especially when prosecution would result only in unnecessary waste of valuable time of the court. Petition is allowed. C.C.943/2007 on the file of Chief Judicial Magistrate's court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.