IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 4898 of 2010 --------------------------------------- CC.661/2010 of JFCM-III, THRISSUR .................... PETITIONERS/A1 to 9: 1. RANI, W/O.SAIJU ABRAHAM, KALAPURACKAL HOUSE, FRIENDSHIP NAGAR, V AZHAKKALA VILLAGE, ERNAKULAM. 2. DEVASSIKUTTY, PADIKKALA VEEDU, VETTICKAL DESOM, OLLUKKARA VILLAGE. 3. AYNA, W/O.DEVASSIKUTTY, PADIKKALA VEEDU, VETTICKAL DESOM, OLLUKKARA VILLAGE. 4. NICKSON, S/O.VARKEY, KIZHUPILLIL HOUSE, RESIDING NEAR BHARATH MATHA COLLEGE, THRIKKAKKARA, VAZHAKKALA VILLAGE. 5. PAILYKUNJAN @ ANILKUMAR, CHERUPULLIPARAMBIL HOUSE, PUKKADU, ELAMKUNNAPUZHA VILLAGE, VYPIN. 6. ABDUL JABBAR, KODOPILLIL HOUSE, THAIKKATTUKARA, MUTTOM DESOM, ALUVA VILLAGE. 7. SEBATI @ SEBASTIAN, ELAVAMKUDI VEEDU, KARUMAKKADU FOUR CENT COLONY, VAAZHAKKAL VILLAGE. 8. PRASANTH VENU, S/O.VENU, CHALIPARAMBIL VEEDU, DESHIYAMUKKU, THRIKKAKARA, VAZHAKKALA VILLAGE. 9. UMMAR BIJU, S/O.ABDUL MAJEED, PANDAMPURATHU VEEDU, NEAR NGO QUARTERS, VAZHAKKALA VILLAGE. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ROY, AGED 32 YEARS, S/O.DEVASSIKUTTY, PADIKKALA VEEDU, VETTICKAL DESOM, OLLUKKARA VILLAGE. PIN 680 685. ADV. SMT.M.M.DEEPA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4898 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in C.C.No. 661/2010 on the file of Judicial First Class Magistrate's Court-III, Thrissur, taken cognizance for the offences under Sections 143, 144, 148, 452, 457, 324, 326, 120(b) and 506(ii) read with Section 149 of Indian Penal Code on Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the second respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that subsequent to the registration of the case, entire disputes were settled amicably and consequent to the settlement, CRMC 4898/10 2 he has no surviving grievance against the petitioners and petitioners 1 to 3 are his sister, father and mother respectively and in such circumstances, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A final report shows that offences alleged against the petitioners are purely personal in nature against the second respondent. Affidavit filed by the second respondent establishes that he has 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) and Manoj Sharma v. State (2008 (4) KLT 417), when the offences alleged against the petitioners are purely personal in nature and all the disputes were settled amicably between the petitioners and second respondent, it is not in the interest of justice to CRMC 4898/10 3 continue the prosecution, as there is no chance for a successful prosecution and the trial would result only in unnecessary waste of valuable time of the court. Petition is allowed. C.C.No.661/2010 on the file of Judicial First Class Magistrate's Court- III, Thrissur is quashed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv