IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 4653 of 2010() ------------------------- SC.90/2009 of ASSISTANT SESSIONS COURT, ALAPPUZHA .................... PETITIONERS/ACCUSED NOS.1 AND 2: ---------------------- 1. UMESH AGED 26 YEARS,S/O. UPENDRAN, "UPENDRA BHAVANAM" KANICHANALLOOR MURI CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. RESIDING AT P O BOX 2752, DUBAI U.A.E 2. RAJU, AGED 38 YEARS, S/O. PRABHAKARAN, PANIKKASSERIL HOUSE, KANICHANALLOOR MURI CHEPPAD VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS/STATE/COMPLAINANT -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.K.SREENIVASAN, S/O. GOVINDA PANICKER CHELAPPALLIL HOUSE, KANICHANNALLOOR MURI, CHEPPAD VILLAGE, ALAPPUZHA DISTRICT.-688001 3. PANKAJAKSHI, W/O. SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANNALLOOR MURI CHEPPAD VILLAGE, ALAPPUZHA DISTRICT..-688001 4. SREEMON, S/O.SREENIVASAN, CHELAPPALLIL HOUSE, KANICHANNALLOOR MURI, CHAPPAD VILLAGE, ALAPPUZHA DISTRICT..-688001 SRI.SANAL KUMAR FOR R2 & 4 PUBLIC PROSECUTOR: ADV SRI. K J MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4653 of 2010 --------------------------------------- Dated this 11th day of January, 2011 ORDER Accused Nos.1 and 2 in S.C.No.90 of 2009 of the court of learned Assistant Sessions Judge, Alappuzha are the petitioners before me. They, along with others are accused in S.C.No.314 of 2008 but, since petitioners were not available, case against them was split up and included in L.P.No.40 of 2008. Thereafter the case against petitioners was refiled as S.C.No.90 of 2009. The case is that petitioners and others committed offence punishable under Secs.143, 147, 148, 149, 341, 324, 326, 308 of IPC. Police charge sheeted only three persons as accused and other suspected persons were deleted. Respondent No.2 filed private complaint as C.M.P.No.1250 of 2006 which was taken cognizance and committed to the Sessions Court for trial. Now the parties have settled the dispute among them and petitioners and respondent Nos.2 to 4 have jointly filed a compromise petition as Crl.M.A.No.7495 of 2010. It is stated that the dispute has been settled between the parties amicably and that respondent Nos.2 to 4 do not intend to prosecute the case further. I have heard learned counsel for petitioners, respondent Nos.2 to 4 and learned Public Prosecutor. Crl.M.C.No.4653 of 2010 -: 2 :- 2. It is pointed out that case against remaining accused was quashed by this court by order dated October 11, 2010 in Crl.M.C.No.2241 of 2010 accepting the compromise between the parties. The case arose from property dispute between petitioners and respondent Nos.2 to 4. In Madan Mohan Abbot Vs. State of Punjab 2008(3) KLT 19) the Supreme Court pointed out that when the offence is purely personal in nature and there was complete settlement of dispute between the parties it is not proper to proceed further in the interest of justice. In the light of composition entered between petitioners and respondent Nos.2 to 4 I am persuaded to think that continuance of proceedings will only be a wasteful exercise. To maintain the harmonious relationship between the parties, it is necessary to drop further proceedings in the matter. Hence I am inclined to allow this petition. Resultantly this criminal miscellaneous case is allowed and proceedings in S.C.No.90 of 2009 of the court of learned Assistant Sessions Judge, Alappuzha concerning the petitioners will stand quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-