IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3606 of 2010() ---------------------------------- CRIME NO.334/2010 OF PAZHAYANGADI POLICE STATION, KANNUR DIST. .......... PETITIONER(S): ACCUSED 1 TO 5 --------------------------------------------------- 1. MUHAMMED KUHNI, S/O. C.K.MUSTHAFA, AGED 33 YEARS, MATTOOL AMSOM, MATTOL DESOM. 2. P.V.NISSAR, S/O. C.K.MUSTHAFA, AGED 34 YEARS,MATTOOL AMSOM, MATTOL DESOM. 3. MUHAMMED JABIR, S/O.C.K.MUSTHAFA, AGED 18 YEARS,MATTOOL AMSOM, MATTOL DESOM. 4. SHOUKATH K.M., S/O UMMER, AGED 37 YEARS,MATTOOL AMSOM, MATTOL DESOM. 5. AMEER.K.M., S/O. MUHAMMED KUNHI, AGED 32 YEARS,MATTOOL AMSOM, MATTOL DESOM. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. MUHAMMED ASEEM.P.V., S/O. ABDUL RASHEED.C.K., AGED 20 YEARS, COLLEGE STUDENT, MATTOL SOUTH.P.O. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.P.S.BINU R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3606 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER Petitioners are the accused in Crime No.334/2010 of Pazhayangadi Police Station registered for the offences under sections 143,147,148, 323, 324 and 506(i) read with section 149 of Indian Penal Code on Annexure I F.I.R based on the First Information Statement of the first respondent. The allegation in Annexure I First Information Statement is that on 4.8.2010 at about 9.30 p.m, when as usual first respondent reached his tharwad house and was talking with the relatives, at about 10.30 p.m first petitioner the brother of the elder sister of the father of the first respondent came there. When first respondent opened the door and got out of the house, first petitioner under the pretext that something is to be told Crl.M.C.3606/2010 2 to the first respondent took him to the road. Second petitioner, brother of the first petitioner and the other petitioners were also present. They warned first respondent that he shall not go to Mayoor lodge. The third petitioner caught hold of the hands of the first respondent and wrongfully restrained him and beat him and kicked him. second petitioner with some weapon cut the pinna of his left ear. When first respondent cried and tharwad members came there petitioners went away. They took him to the hospital. Petitioners thereby committed the offences. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled with the first respondent and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that he and the petitioners are close relatives and the incident Crl.M.C.3606/2010 3 occurred when there was dispute with regard to Mayoor lodge and the first respondent had apprehended that petitioners would lodge a case against him and later entire disputes were settled at the intervention of elder members of the family and consequently first respondent settled entire disputes with the petitioners and has no intention to pursue the case and therefore the case is to be withdrawn. 3. Learned Public prosecutor on instruction submitted that subsequently based on the wound certificate an offence under section 326 of Indian Penal Code is also incorporated and the case is being investigated. 4. Learned counsel appearing for the petitioner, the first respondent and the learned Public Prosecutor were heard. 5. Annexure I F.I.R with the First Information Statement establishes that the offences alleged against petitioners are purely personal in nature against the first respondent and the dispute arose Crl.M.C.3606/2010 4 ue to a dispute regarding Mayoor lodge between the petitioners and first respondent, who are close relatives. The affidavit filed by the first respondent establishes that subsequently entire disputes were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged against the petitioners are purely personal in nature as against the first respondent and the first respondent has filed an affidavit stating that the entire disputes were amicably settled, it is not in the interest of justice to continue the prosecution as it will serve no purpose consequent to the settlement. Petition is allowed. Crime 334/2010 of Pazhayangadi Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006