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. 3051 of 2009(F) ------------------------------------- (CRIME NO. 494/2009 OF MANNUTHY POLICE STATION, THRISSUR) ........... PETITIONERS/ ACCUSED 1 TO 6: ----------------------------------------------- 1. UMMER, KAREEPPAKULAM HOUSE, PANANCHERRY VILLAGE, THOTTAPPADY DESOM. 2. BIJU, S/O.VARGHESE, VALIYAVEETTIL, OLLUKKARA VILLAGE, MANNUTHY. 3. LAJU, S/O.SIVARAMAN, MUNDAPURATHU HOUSE, VELLANIKKARA P.O., MADAKKATHARA VILLAGE, THRISSUR. 4. RAVI, S/O.NARAYANAN, PUTHARAKKAL HOUSE, OLLUKKARA VILLAGE, THOTTAPPADY. 5. SASI, S/O.PARAMESWARAN, WARRIATH HOUSE, THANIPADOM, AYODE, THRISSUR. 6. VIJEESH @ KUNGHAYI, S/O.GOPI, PANIKKAPARAMBIL HOUSE, VELLANIKKARA, MADAKKATHARA VILLAGE, THRISSUR. BY ADVS. MR.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENTS/ DEFACTO-COMPLAINANT & STATE: ---------------------------------------------------------------------------- 1. IBRAHIM, S/O.ABOOBACKER, VEMBANAD VEETTIL HOUSE, CHATHANKULAM DESOM, PANANCHERRY VILLAGE. CRL.M.C. NO. 3051/2009-F: 2. RAZAK, S/O.ABOOBACKER, VEMBANAD VEETTIL HOUSE, CHATHANKULAM DESOM, PANANCHERRY VILLAGE. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. MR. RAVIKRISHNAN.M, R3 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3051 OF 2009 =========================== Dated this the 30th day of September,2009 ORDER Petitioners are the accused in Crime 494/2009 of Mannuthy Police Station registered for the offences under sections 143,147,148,452,323,324,506(ii) 294(b) read with section 149 of Indian Penal Code registered under Annexure A F.I.R. The case was registered after recording the First Information Statement of second respondent the de facto complainant who is the injured in the case. As per the First Information Statement the accused in furtherance of their common object formed themselves into an unlawful assembly and on 12.9.2009 at about 8 a.m trespassed into the shop room belonging to the second respondent, the brother of the first respondent and intimidated, threatened and caused hurt to the first respondent and also damaged the articles and glass of the hotel causing a loss of Rs.3000/- and thereby committed the offence. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A F.I.R as well as the proceedings initiated thereunder contending that the Crl.M.C.3051/2009 2 entire disputes with respondents 1 and 2 were amicably settled. 2. Respondents 1 and 2 appeared through a counsel. They also filed separate affidavits stating that the entire disputes with the petitioners were amicably settled and they have no objection to quash the proceedings. 3. Learned counsel appearing for the petitioners , respondents 1 and 2 and learned Public Prosecutor were heard. 4. Annexure-A F.I.R with the First Information Statement establish that the offence alleged against the petitioners are purely personal in nature as against respondents 1 and 2, the person to whom hurt was caused and the person whose hotel was damaged. The affidavits filed by respondents 1 and 2 establish that there was an amicable settlement of all the disputes between the parties. In such circumstances, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) it is not in the interest of justice to continue the prosecution. Interest of justice warrants to quash the proceedings. Petition is allowed. Crime No.494/2009 of Mannuthy Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.3051/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006