IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 Crl.MC.No. 3989 of 2010() ----------------------------------- (CRIME NO. 187/2010, CC.397/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY ) .................... PETITIONER(S): ACCUSED: --------------------------------------- 1. K.K.MUJEEB, S/O.KADIRKUTTY, AGED 34 YEARS, KAYYELIKKUNNUMMEL, KOZHIKODE DISTRICT. PIN-673001 2. C.P.MUHAMMED, S/O.ABOOBACKER HAJI, AGED 40 YEARS, CHORATHANIYIL HOUSE, KAKKAD P.O., PUTHUPPADY, CALICUT. PIN-673 001 BY ADV. SMT.BINDU GEORGE RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN-682026. 2. M.K.KAMARUDEEN, S/O.ABDULLA, AGED 33 YEARS, MUSARYKANDIYIL HOUSE, PUTHUPADDY, KOZHIKODE, PIN- 673001. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 BY SMT.K.K.PREETHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR, J ........................................... CRL.M.C..NO. 3989 OF 2010 ............................................ DATED THIS THE 8th DAY OF NOVEMBER,2010 ORDER Petitioners are the accused and second respondent the defacto complainant, who is also the injured, in C.C.397 of 2010 on the file of Judicial First Class Magistrate -I, Thamarassery, taken cognizance for the offences under Section 341, 326, and 362 read with 34 IPC. Prosecution case is that on the midnight of 20.3.2010, at about 12.45 am, petitioners, in furtherance of their common intention, wrongfully restrained the second respondent after calling him from his house under the guise that some matter is to be discussed and thereafter hit on his hand with an iron rod and caused grievous hurt and wrongfully abducted him in a jeep and left him on the side of the road at a distance of 3 km away from his house and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire disputes were settled amicably with the second respondent and consequent to settlement, it is not in the interest of CRMC 3989/2010 2 justice to continue the prosecution. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioners and has no subsisting grievance against them and therefore he has no objection to close the proceedings as he has no intention to prosecute the matter further. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 2. Annexure B final report taken cognizance by the learned Magistrate establishes that offences alleged against the petitioners are purely personal in nature against the second respondent. The affidavit filed by the second respondent establishes that he has settled all the disputes with the petitioners. As held by Apex Court in Madan Mohan Abbot V. State of Pubjab (2008(2) KHC 589), when the offences alleged are purely personal in nature and second respondent has settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution as ultimately, consequent to the settlement, there is no likelihood of a successful prosecution and the trial would only result in unnecessary wastage of valuable time of the CRMC 3989/2010 3 court. 3. Petition is allowed. C.C.397 of 2010 on the file of Judicial First Class Magistrate -I, Thamarassery is quashed. M.SASIDHARAN NAMBIAR, JUDGE lgk