IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 Crl.MC.No. 3896 of 2010() ------------------------------------ C.C. NO.981/20-08 OF JUDICIAL FIRST CLASS MAGISTRAGE'S COURT – I, PARAPPANANGADI. CRIME NO.219/2001 OF TENHIPALAM POLICE STATION. ......... PETITIONER(S): ACCUSED 12 & 13 ---------------------------------------------------- 1. RAFEEQ, S/O. MUHAMMED KOYA, NARIMUKKIL HOUSE, BEYPPUR AMSOM, NADUVATTOM-673 614, KOZHIKODE DISTRICT. 2. SHIHABUDHEEN, S/O. SAIDALIKUTTY, KAVUNGUMTHOTTATHIL HOUSE, PERUVALLUR AMSOM DESOM, MALAPPURAM DISTRICT, PIN-673 638. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): STATE & INJURED ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, THENHIPALAM POLICE STATION, THENHIPALAM- 673 636, MALAPPURAM DISTRICT. 2. K.T.ABOOBACKER, S/O. MOHAMMED, KAVUNGUMTHOTTATHIL HOUSE, YAZIM MANZIL, KUMMINI PARAMBU, PERUVALLUR, MALAPPURAM DISTRICT, PIN-673 638. R1 BY PUBLIC PROSECUTOR SMT.M.K,.PUSHPALATHA R2 BY ADV. SRI.K.P.SUDHEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3896 OF 2010 --------------------------------------------- Dated 1st October, 2010 O R D E R Petitioners are accused 12 and 13 in C.C.1011/2001 on the file of Judicial First Class Magistrate's Court-I, parappanangadi. As they were absconding, case against them was split up and refiled as C.C.981/2008. Charge against accused 2 and 6 abated, as they died during trial. Remaining accused 1, 3 to 5 and 7 to 11 were tried by the learned Magistrate. By Annexure-A4 judgment dated 29/10/2008, those accused were acquitted. Prosecution case is that on 9/7/2001 at about 6 a.m, 13 accused formed themselves into an unlawful assembly and armed with dangerous weapons committed rioting and in furtherance of their common object pelted stones and soda bottles Crmc 3896/10 2 to the house and car of the second respondent and caused damages to the house and car and committed the offences under Sections 143, 147, 148 and 427 read with Section 149 of Indian Penal Code. There was a settlement of the disputes between the second respondent and the petitioner before Lok Adalath, Parappanangadi. By Annexure-A3 it was settled between them providing that they are at liberty to recall the witnesses already examined under Section 311 of Code of Criminal Procedure, evidently in view of the offence under Sections 143, 147 and 148, which are not compoundable. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the settlement of the disputes with the second respondent, it is not in the interest of justice to continue the prosecution. Crmc 3896/10 3 2. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 3. Annexure-A4 judgment shows that except the petitioners, all the remaining accused were acquitted after trial and charge against accused 2 and 6 abated due to their death. The offences alleged are purely personal in nature. Second respondent appeared through a counsel and filed an affidavit stating that he had settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), consequent to the settlement, no purpose will be served by directing the petitioners to undergo the ordeal of a trial, as there is no likelihood of a successful prosecution. In such circumstances, it is not Crmc 3896/10 4 in the interest of justice to continue the prosecution. Petition is allowed. C.C.981/2008 on the file of Judicial First Class Magistrate's Court-I, Parappanangadi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.