IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4952 of 2010() ------------------------- CC.355/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-I, KOCHI ......................... PETITIONERS / ACCUSED NO.S 1 TO 7: -------------------------------------------------------- 1. AJITH S/O.SHANMUGHAN, KALAPURACKAL VEETTIL, PULLAR DESOM ROAD, PALLURUTHY KARA, RAMESWARAM VILLAGE, KOCHI TALUK. 2. VITTAS, S/O. XAVIER, THAREPARAMBU VEETTIL, PULLAR DESOM ROAD, PALLURUTHY KARA, RAMESWRAM VILLAGE, KOCHI TALUK. 3. RAJEEV, S/O. RATHEESH, VANYAM PARAMBU VEETTIL, ST.ALOYSIOUS ROAD, PULLAR DESOM ROAD, PALLURUTHY KARA, RAMESWARAM VILLAGE, KOCHI TALUK. 4. SHAN, S/O.JAGADEESH, KALAPURACKAL VEETTIL PULLAR DESOM ROAD, PALLURUTHY KARA RAMESWARAM VILLAGE, KOCHI TALUK. 5. SIRAJUDDIN, S/O. KUNJU MOHAMD, KALARIKKAL VEETTIL, VATHURUTHY KARA, RAMESWARAM VILLAGE, KOCHI TALUK. 6. MUNEER, S/O. SULAIMAN, KOCHITHARA VEETTIL, VATHURUTHY KARA, RAMESWARAM VILLAGE, KOCHI TALUK. 7. JAYADEEP, S/O. JAYARAMAN, 56/2, MES QUARTERS, NAVAL BASE, KATARIBAGH, RAMESWARAM VILLAGE, KOCHI TALUK BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENTS / COMPLAINANT & CHARGE WITNESS NO.S 1 & 2: ---------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE, HARBOUR POLICE STATION) ...2/- Crl.MC.No. 4952 of 2010() -2- 2. SHARATH KUMAR, S/O. RAJENDRAN, 101/5, NEVAL BASE QUARTERS, KATARIBAGH, VATHURUTHY KARA, RAMESWARAM VILLAGE, ERNAKULAM DISTRICT. 3. RAJENDRAN, S/O. GOPALAN, 101/5, NAVAL BASE QUARTERS, KATARIBAGH, VATHURUTHY KARA, RAMESWARAM VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 & R3 BY ADV. SRI.NAVEEN THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4952 OF 2010 --------------------------------------------- Dated 20th December, 2010 O R D E R Petitioners are the accused and respondents 2 and 3, the de facto complainant and the injured in C.C.355/2010 on the file of Judicial First Class Magistrate's Court-I, Kochi, taken cognizance for the offences under Sections 143, 147, 148, 342 and 452 read with Section 149 of Indian Penal Code on Annexure-A1 final report. Prosecution case is that petitioners formed themselves into an unlawful assembly with the common object of causing hurt to respondents 2 and 3 by trespassing into the house and in furtherance of the common object, at about 10 p.m on 2/11/2010, trespassed into the residential house of respondents 2 and 3 and caused hurt Crmc 4952/10 2 to them and thereby committed the offences under Sections 143, 147, 148, 324 and 452 read with Section 149 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the respondents 2 and 3 were settled amicably and consequent to 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 subsequently and the offences alleged are purely personal in nature against them and therefore, it is not in the interest of justice to continue the prosecution and they have no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Crmc 4952/10 3 Public Prosecutor were heard. 4. Annexure-A1 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 entire disputes were settled amicably with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), in such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.355/2010 on the file of Judicial First Class Magistrate's Court-I, Kochi is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.