IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 Crl.MC.No. 1109 of 2010(C) -------------------------------------- [CP.NO.105/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, PATHANAMTHITTA] .................... PETITIONER/ACCUSED NO.2: ------------------------------------------ SHAJI @ SHAJAHAN,AGED 36 YEARS, S/O.SHAHUL HAMMED, MAZOOD MANZIL, MYLAPRA MURI & VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH. RESPONDENTS/COMPLAINANT/DE-FACTO COMPLAINANT/STATE: ------------------------------------------------------------------------------------------------ 1. JOY GEORGE, AGED 46,S/O.LATE GEORGE, RESIDING AT PARACKAL PUTHEN VEEDU, VETTIPPURAM MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R4 IMPLEADED: 4. CHANDRASEKHARAN NAIR, AGED 66 YEARS, S/O. RAMAN PILLAI, RESIDING AT GANESH BHAVAN, KOTTA, KOTTA MURIYIL, KIDANGANNOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. *ADDITIONAL 4TH RESPONDENT IMPLEADED AS PER ORDER DATED 30/09/10 IN CRL.M.A. 5949/10. R1 BY ADV. SRI.T.ZAKIR HUSSAIN. R2 & R3 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1109 of 2010 -------------------------- ORDER Petitioner is the second accused in C.P.No. 105/2009 on the file of Judicial First Class Magistrate's Court-I, Pathanamthitta. First respondent is the defacto complainant and fourth respondent, the injured. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 and 4 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes not only as against the petitioner/second accused, but against the first accused also and consequently, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, respondents 1 and 4 and learned Public Prosecutor were heard. CRMC 1109/10 2 4. Crime No.112/2009 of Pathanamthitta Police Station was registered under Annexure-1 FIR for the offences under Sections 452, 395, 143, 148 and 427 read with Section 149 of Indian Penal Code, on receipt of the complaint filed by the first respondent before Judicial First Class Magistrate's Court, Pathanamthitta and sent for investigation under Section 156(3) of Code of Criminal Procedure. Learned Magistrate took cognizance of the offences under Sections 143, 147, 148, 452, 457 and 395 read with Section 149 of Indian Penal Code on the final report submitted by Sub Inspector of Police, Pathanamthitta. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably. 5. Final report establishes that offences alleged against the petitioner and first accused are purely personal in nature. It also establishes that the very crime was registered on a complaint filed by the first respondent. Affidavits filed by respondents 1 and 4 establish that they have settled all the disputes with the accused amicably. As held by the Apex Court in CRMC 1109/10 3 Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the accused are purely personal in nature and the disputes were amicably settled between the accused and the injured defacto complainant, it is not in the interest of justice to continue the prosecution. Though second accused alone filed this petition, as it is clear from the affidavits filed by respondents 1 and 4 that disputes have been settled with the first accused also, it is not in the interest of justice to continue the prosecution even against the first accused. Petition is allowed. C.P.No.105/2009 on the file of Judicial First Class Magistrate's Court-I, Pathanamthitta is quashed. 26th November, 2010 (M.Sasidharan Nambiar, Judge) tkv