IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 Crl.MC.No. 4214 of 2010() ----------------------------------- ( S.C.968/2005 THE PRINCIPAL ASSISTANT SESSIONS COURT, KOLLAM IN CRIME NO.205/2001 OFKARUNAGAPPALLY POLICE STATION) PETITIONER(S): ---------------------- 1. AZAD, AGED 29 YEARS, S/O.MUHAMMED KUNJU, KUNNEL VEEDU, KADATHOOR MURI K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK KOLLAM DISTRICT. 2. SALIM, AGED 35 YEARS, S/O.SUBAIR KUTTY, PUTHUVA KIZHAKKATHIL VEEDU, KADATHOOR MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. PUSHPA, AGED 31 YEARS, D/O.OMANAYAMMA, PUTHEN VEEUD, KADATHOOR MURI,K.S.PURAM VILLAGE KARUNAGAPPALY TALUK,KOLLAM DISTRICT-691001. 3. THULASEEDHARAN PILLAI, AGED 36 YEARS,S/O.SANKARA PILLAI,PUTHEN VEEDU, KADATHOOR MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TLAUK,KOLLAM DISTRICT-691001. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 & R3 BY ADV. SRI.K.V.ANIL KUMAR SRI.Y.SUDHEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR, J. -------------------------------------------------------- Crl.M.C No.4214 OF 2010 --------------------------------------------------------- Dated this the 16th day of November, 2010. O R D E R Petitioners are accused in S.C.No.968 of 2005 on the file of Principal Assistant Sessions Court, Kollam taken cognizance for the offences under Sections 450 and 307 r/w 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before Assistant Sessions Court contending that entire disputes were settled with respondents 2 and 3, the injured and de facto complainant. Though respondents 2 and 3 appeared and filed an affidavits stating that entire disputes were settled and they have no intention to continue the prosecution, an offence under Section 307 of Indian Penal Code cannot be quashed invoking the principles laid in Madan Mohan Abbot v. State of Punjab, (2008 (3) KLT 10 SC)), as clarified by the Hon'ble Supreme Court in Manoj Sharma v. State, (2008 (4) KLT 417). Hence the petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. mns