IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 2954 of 2009 --------------------------------------- CC.1694/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER/3RD ACCUSED: RASHEED RAHIMAN, S/O.ABDUL RAHIMAN, AGED 26 YEARS, AFSAR MANZIL, MADAVANAPARAMBU, POTTAKUZHY ROAD, S.R.M.ROAD, PACHALAM, KOCHI-12. BY ADV. SRI.SANTHOSH G. PRABHU SRI.S.KANNAN RESPONDENTS/STATE, DEFACTO COMPLAINANT, CW2 & CW4: 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SANOOP M.C., AGED 26 YEARS, S/O.C.K.CHANDRAHASAN, MULLASSERRY HOUSE, K.K.P. ROAD, KOCHI-18. 3. ANEESH, AGED 29 YEARS, S/O.AJITH, KAIPPALLY HOUSE, K.K.P.ROAD, KOCHI-18. 4. ANOOP M.C., AGED 33 YEARS, S/O.C.K.CHANDRAHASAN, MULLASSERRY HOUSE, K.K.P.ROAD, KOCHI-18. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SMT.S.RAKHEE FOR R2 TO R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2954 of 2009 -------------------------- ORDER Petitioner is the third accused in C.C.No. 1694/2003 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offences under Sections 294(b), 447, 323 and 325 read with Section 34 of Indian Penal Code as against three accused. Prosecution case is that on 4.6.2003, in furtherance of their common intention, first accused originally trespassed into the courtyard of the second respondent and caused hurt to him by beating on his cheek with his hands and later, along with other accused, trespassed into the courtyard of the second respondent at about 9.30 p.m. and first accused hit on the nose of the second respondent causing fracture of nasal bone and when third respondent tried to help the second respondent, he was also beaten and when deceased Suresh Kumar and fourth respondent came CRMC 2954/09 2 there, they were also beaten and all the accused thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate stating that the entire disputes between the accused and respondents 2 to 4 were amicably settled. 2.Respondents 2 to 4 appeared through a counsel and also filed separate affidavits stating that entire disputes involved in the case were amicably settled and they have no intention to proceed with the case further and therefore, they have no objection for quashing the proceedings. It is also stated that the other injured Suresh Kumar (CW3) is no more. 3.Learned counsel appearing for the petitioner, respondents 2 to 4 and learned Public Prosecutor were heard. 4. Affidavits filed by respondents 2 to 4 establish that there was a complete settlement of CRMC 2954/09 3 all the disputes involved in the case. Learned Public Prosecutor also submitted that statement of the second respondent recorded subsequently establishes that there was a complete settlement of the disputes and the other injured Suresh Kumar is no more. 5. Annexure-A1 final report shows that offences alleged against the accused are purely personal in nature as against respondents 2 to 4 and deceased Suresh Kumar. In such circumstances, when the disputes with the accused were settled, as held by the Apex Court in Madan Mohan Abott v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to continue with the prosecution. Petition is allowed. C.C.No.1694/2003 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv