IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 4174 of 2010 (D) ------------------------- CRIME NO.135/2008 PF HOSDRUG POLICE STATION. SC.252/2009 of SESSIONS COURT, KASARAGOD .................... PETITIONERS/ACCUSED 1 TO 3 ----------------------------------------------- 1. P.RASHEED, AGED 26 YEARS, PALATTU HOUSE, ATHINHAL, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. P.JAFAR @ JABIR, AGED 25 YEARS, S/O.MUHAMMED @ MUHAMMED KUNHI, ARABIKADATHU HOUSE, ATHINHAL, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. MUHAMMEDALI, AGED 30 YEARS, S/O.KUNHABDULLA, PAKKIKADATHU HOUSE, ATHINHAL, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS/ STATE ----------------------------------- 1. THE STATION HOUSE OFFICER HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.ABDUL KAREEM, AGED 43 YEARS, W/O.KUNHABDULLA HAJI, FANZEER MANZIL, ATHINJAL, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. LAINAKALILLATH PATHUNHI @ FATHIMA, W/O.ABDUL RAHIMAN HAJI, AGED 47 YEARS, NAVEEL MANZIL, ATHINHAL, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 PUBLIC PROSECUTOR, SRI.I.V.PRAMOD R2 & R3 BY ADV. SMT.SHAMSEERA. C.ASHRAF THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THEVK FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4174 OF 2010 =========================== Dated this the 9th day of November,2010 ORDER Petitioners are the accused and respondents 2 and 3 the de facto complainant and the owner of the building, which was allegedly set fire by petitioners in S.C.252/2009 on the file of Sessions Court, Kasaragod taken cognizance for the offence under section 436 read with section 34 of Indian Penal Code on Annexure A2 final report submitted under sectiion 173(2) of Code of Criminal Procedure. Prosecution case is that due to the political enemity with respondents 2 and 3, as they belong to Indian National League petitioners who are workers of Indian Union Muslim League, in furtherance of their common intention on the early morning of 25.2.2008 at about 3.30 a.m. set fire to shop No.13/888 of Ajanoor Grama Panchayat, where Crl.M.C.4174/2010 2 second respondent is conducting a shop in sale of dinner set in the building belonging to the third respondent and thereby caused a loss of about Rs.1.5 lakhs by setting fire to the table, tarpaulin and other articles. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were subsequently settled amicably and consequent to the settlement, respondents 2 and 3 have no subsisting grievance against the petitioners and therefore it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners as first petitioner is the cousin brother of the second respondent and other petitioners are their friends and in view of the settlement the case is to be quashed. 3. Third respondent in her affidavit stated that the building was rented out to the second Crl.M.C.4174/2010 3 respondent and as the disputes are settled, she has no objection for compounding the case and she has no intention to prosecute the case further. 4. Learned Public Prosecutor on instruction submitted that statement of respondents 2 and 3 recorded establish that they have settled all the disputes with the petitioners. 5. Annexure A2 final report establishes that offences alleged against the petitioners are purely personal in nature, against the second respondent who is conducting the trade in that shop belonging to the third respondent. The affidavit filed by respondents 2 and 3 establishes that they have settled all the disputes with the petitioners amicably, due to the intervention of mediators. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature and the disputes are amicably settled between respondents 2 and 3, it is not in the interest of justice to continue the prosecution as ultimately due to the Crl.M.C.4174/2010 4 settlement there is no likelihood of a successful prosecution. Petition is allowed. S.C.252/2009 on the file of Sessions Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006