IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4240 of 2010() ------------------------------------ CC.1669/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER(S): ACCUSED -------------------------------------- 1. SANEESH, 20 YEARS, S/O.SATHAN, KISHATTI VEETIL, ADICHILI KARA, CHALAKUDY, MELOOR VILLAGE, (A1) 2. MAGEESH, 22 YEARS, S/O.MUKUNDAN MENON, KURICHIYATH VEETIL, PANAYAKKADAVU, CHENGAMANAD KARA, CHENGAMANAD VILLAGE (A2). 3. NIKSON, 21 YEARS, S/O.DAVID, KOLANCHERY VEETIL, MANIKKAMANGALAM KARA, KALADY VILLAGE (A3) 4. PRAMOD, AGED 20, S/O.UNNIKRISHNAN, PEEDIKAKUDAM HOUSE, IMURI KARA, KOOVAPPADY VILLAGE (A4) 5. VINAYAK, AGED 22, S/O.P.N.SATHI, SAIKRIPA HOUSE, ATHANI KARA, NEDUMBASSERY (A5) 6. ARUN, AGED 19, S/O.VENU, CHENCHERIPARAMBU VEEDU, CHENGAMANGAD VILLAGE (A6) 7. SUBHASH, AGED 21, S/O.SUBRAN, CHORAKADAN VEETIL, PATHUVAPURAM KARA, KARUKUTTI VILLAGE (A7) 8. SAJEESH, AGED 19, S/O.SATHYAN, KISHATTI VEETIL, ADICHILI KARA, CHALAKUDY, MELOOR VILLAGE (A8) BY ADV. SRI.K.S.RAJEEV (ALUVA) sts CRL.M.C.NO. 4240/2010 RESPONDENT(S): STATE/COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REP. BY S.I. OF POLICE, KALADY POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DHANEESH, AGED 24, S/O.CHAKKAPPAN, MEELPARAMPU HOUSE, CHOVARA KARA, CHOVARA VILLAGE, (DEFACTO COMPLAINANT) 683 571. 3. CHAKKAPPAN, AGED 55, S/O.POULOSE, MEELPARAMPU HOUSE, CHOVARA KARA, CHOVARA VILLAGE, (CW2) 683 571. R1 BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD R2 & R3 BY ADV.SRI.P.R.PRATEESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4240 of 2010 -------------------------- ORDER Petitioners are the accused and respondents 2 and 3, the defacto complainant and the injured in C.C.No.1669/2009 on the file of Judicial First Class Magistrate's Court, Perumbavoor, taken cognizance for the offences under Sections 143, 147, 148, 452, 427 and 506(ii) read with Section 149 of Indian Penal Code. Prosecution case is that on 14.3.2006 at about 12.45 a.m., petitioners formed themselves into an unlawful assembly with the common object of trespassing into the house of the second respondent and causing damages and in furtherance of the common object, armed with deadly weapons, they trespassed into house of the second respondent and damaged Television, Chairs and Motor Cycle and committed a loss of Rs.50,000/- and at that time, pointing out a sword on the neck of the third respondent and threatened him of dire CRMC 4240/10 2 consequences that he will be murdered and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably with respondents 2 and 3 and in view of the settlement, 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 amicably and consequent to the settlement, they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure-A final report shows that offences alleged against the petitioners are purely personal in nature against respondents 2 and 3. Affidavits filed by respondents 2 and 3 establish that they CRMC 4240/10 3 have settled the entire disputes with petitioners. 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 and all the disputes were settled amicably between petitioners and respondents 2 and 3 and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.1669/2009 on the file of Judicial First Class Magistrate's Court, Perumbavoor is quashed. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv