IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Crl.MC.No. 1998 of 2009() ----------------------------------- CRIME NO.105/2004 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED --------------------------------- JAYAKUMAR, S/O. ARJUNA PANICKER, PALLICHAL DESOM, KALLIYOOR VILLAGE, VARUVILAKATHU VEEDU, THIRUVANANTHAPURAM. BY ADV. MR.S.RAJEEV RESPONDENT/STATE ------------------------------- 1. OMANA AMMA, AGED 54 YEARS, MANIKANDA VILASOM, PALLICHAL, PUNNAMMOODU, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.105 OF 2004 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM). R2 BY PUBLIC PROSECUTOR MR.GIKKU JACOB. R1 BY ADV. MR.K.K.DHEERENDRAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1998 of 2009 -------------------------- ORDER Petitioner is the accused in C.P.No.237/2004 on the file of Judicial First Class Magistrate's Court-I, Neyyattinkara, which is now pending in the long pending register. Prosecution case is that petitioner committed offences under Sections 436, 457 and 294(b) of Indian Penal Code. The allegation is that the second charge witness, son of the first respondent, is having illicit relationship with the wife of the petitioner and due to that enmity, with intention to destroy the house of the first respondent by setting fire, on the night of 26.3.2004, petitioner set fire to that house and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 final report, which is taken cognizance by the Magistrate under Sections 436, 457 and 294B of Indian Penal Code, CRMC 1998/09 2 contending that subsequently, there was a settlement of all the disputes with the first respondent and in such circumstances, there is no necessity to proceed with the case. 2. Annexure-1 affidavit, attested before the Notary, was produced to establish that petitioner had paid compensation of Rs.20,000/- to the first respondent and first respondent amicably settled the dispute and therefore, she has no intention to proceed with the case and she has no objection to quash the proceedings. 3. Learned counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard. 4. Affidavit filed by the first respondent establish that there was amicable settlement of all the disputes between the petitioner and first respondent, whose house was destroyed by fire by the petitioner and first respondent had already received compensation from the petitioner. In such CRMC 1998/09 3 circumstances, even if the case is to be proceeded, there is no chance of a successful conviction in view of the amicable settlement and proceeding with the case will serve no purpose, except waste of valuable time of the court. Therefore, in the interest of justice, the case is to be quashed. Petition is allowed. C.P.No.237/2004 on the file of Judicial First Class Magistrate's Court-I, Neyyattinkara, which is now pending in the long pending register, as against the petitioner is quashed. 9th July, 2009 (M.Sasidharan Nambiar, Judge) tkv