IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4098 of 2010(B) -------------------------------------- [LPC.NO.87/2008 OF CHIEF JUDICIAL MAGISTRATE'S COURT, KASARAGOD, CRIME NO.861/2006 OF KASARAGOD POLICE STATION, KASARAGOD] .................... PETITIONERS/PETITIONERS/ACCUSED 1 TO 4: ------------------------------------------------------------------- 1. NAZAR @ NASIR KURIKAL, AGED 42 YEARS, S/O.KRIKKAL ABDULLA, KADAVATH HOUSE, CHEMMAD VILLAGE, KASARAGOD. 2. C.P.AKBAR, AGED 32 YEARS, S/O.HABEEB @ HABEEB RAHMAN, CHIRAKKAL HOUSE, CHEMNAD VILLAGE, KASARAGOD. 3. MOOLA FAIZAL, AGED 28 YEARS, S/O.MOHAMMED, CHEKARAMKOD HOUSE, CHEMNAD VILLAGE, KASARAGOD. 4. MOHAMMED ALI, AGED 45 YEARS, S/O.ABDUL KHADER, KAPPANADUKKAM HOUSE, CHEMNAD VILLAGE, KASARAGOD. BY ADV. SRI.S.JIJI. RESPONDENTS/DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. ABDUL LATHEEF, AGED 37 YEARS, S/O.C.H.HASSAINAR, KABEER MAHAL, BADAKAMBATH, CHEMNAD VILLAGE, KASARAGOD. 2. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.LISHA.M.G, R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4098 OF 2010 --------------------------------------------- Dated 25th November, 2010 O R D E R Petitioners are the accused and first respondent, the injured de facto complainant in C.C.127/2008 which was subsequently transferred to the file of long pending register as L.P.87/2008 on the file of Chief Judicial Magistrate, Kasargod. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings, contending that entire disputes were settled amicably with first respondent and consequent to the settlement, it is not in the interest of justice to continue the proceedings. 2. First respondent appeared through a counsel and filed an affidavit Crmc 4098 2 stating that entire disputes were settled amicably, and consequent to the settlement, he has no subsisting grievance against the petitioners and to keep the good relationship between the parties, it is necessary to quash the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A2 final report establishes that offences alleged against the petitioners are purely personal in nature against the first respondent. Affidavit filed by the first respondent establishes that entire disputes were settled amicably. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in nature and there Crmc 4098 3 has been complete settlement of the dispute between the parties, it is not in the interest of justice to continue the prosecution, especially when consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. L.P.87/2008 on the file of Chief Judicial Magistrate's Court, Kasargod is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 4098 4 M.SASIDHARAN NAMBIAR, JUDGE. uj.