IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Crl.MC.No. 2241 of 2010 (C) ------------------------- ( SC.314/2008 of ASSISTANT SESSIONS COURT, ALAPPUZHA) .................... PETITIONER/ACCUSED 2 TO 5 & 7 TO 11 ----------------------------------------------------------- 1. MANOJ, AGED 20 YEARS, S/O. MANIYAN, 'UPENDRA BHAVANAM', KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 2. OMANAKUTTEN AGED 42 YEARS, S/O. RAVEENDRAN CHITHIRAYIL KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 3. UPENDRAN, AGED 47 YEARS, S/O. RAVEENDRAN, 'UPENDRA BHAVAN', KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 4. SUJI, AGED 25 YEARS, S/O. SURESH, PANIKKASSERIL HOUSE, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 5. KUNJUMON, AGED 37 YEARS, S/O. UPENDRAN, UPENDRA BHAVANAM, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 6. SARASAMMA, AGED 59 YEARS, D/O. JANAKI, UPENDRA BHAVANAM, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 7. PRABHAKARAN, AGED 60 YEARS, S/O. GOVINDAN, PANIKKASSERIL HOUSE, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 8. ROHINI, AGED 50 YEARS, W/O. PRABHAKARAN, PANIKKASSRIL HOUSE, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. -2- 9. MANIYAN AGED 45 YEARS, S/O. RAVEENDRAN,UPENDRA BHAVANAM, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS/STATE /COMPLAINANT ----------------------------------------------------------- 1. THE STATE OF KERAA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.K.SREENIVASAN, S/O. GOVINDA PANICKAR CHELAPPALLIL HOUSE, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 3. PANKAJAKSHI, W/O. SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. 4. SREEMON, S/O. SREENIVASAN CHELAPPALLIL HOUSE, KANICHANALLOOR MURI, CHEPPAD VILLAGE,ALAPPUZHA DT. R1 BY PUBLIC PROSECUTOR, SRI.P.A.SALIM R2 BY ADV. SRI.S.SANAL KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.2241 of 2010 -------------------------- Dated this the 11th October, 2010 O R D E R Petitioners are the accused and respondents 2 to 5 the defacto complainant and the injured in S.C No.314/2008 on the file of the Assistant Sessions Court, Alappuzha. The case was committed to the Sessions Court, Alappuzha by the Judicial First Class Magistrate Court-I, Haripad on Annexure-A complaint filed by the 2nd respondent alleging that in furtherance of the common intention, petitioners attacked 1st respondent with an intention to cause his death and when the respondents 3 and 4 rushed to save the 2nd respondent, hurt was caused on them also and petitioners thereby committed the offences under Sections 307, 326, 294 (b) and 506 (ii) r/w 34 I.P.C. Petition is filed under Section 482 of the Code of Criminal Procedure to quash the case pending before the learned Assistant Sessions Court, Alappuzha contending that entire disputes with respondents 2 to 4 were settled amicably and consequent to the settlement , it is not in the interest of justice to continue the prosecution. Crl.M.C No.2241 of 2010 2 2. Respondents 2 to 4 appeared through a counsel and filed a joint statement disclosing that entire disputes were settled amicably and consequent to the settlement they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 to 4 and Public Prosecutor were heard. 4. Cognizance was taken on Annexure-A complaint filed by the 2nd respondent alleging that, in furtherance of the common intention, petitioners caused hurt to respondents 2 to 4. Offence under Section 307 of I.P.C is alleged on the ground that the intention was to cause the death of 2nd respondent and not based on the nature of the injury sustained. The joint statement filed by respondents 2 to 4 establishes that they have settled all the disputes with the petitioners. Annexure-A complaint establishes that the offences alleged against the petitioners are purely personal in nature against respondents 2 to 4. As held by the Apex Court in Madan Mohan Abbot Vs. State of Punjab (2008 (3) KLT 19 (SC) when the offences are purely personal in nature and there has been complete Crl.M.C No.2241 of 2010 3 settlement of the disputes between the injured and the accused, it is not in the interest of justice to continue the prosecution as there is no likelihood of successful prosecution and it would only result in unnecessary waste of valuable time of the court. Petition is allowed. S.C No.314/2008 on the file of Assistant Sessions Court, Alappuzha is quashed. M.SASIDHARAN NAMBIAR JUDGE ma