IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Crl.MC.No. 3501 of 2009() ----------------------------------- CRIME NO.395/2009 OF BALARAMAPURAM POLICE STATION. .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------------------- 1. JIJO RAJ @ KICHU, AGED 21 YEARS, S/O.PEETHAMBARAN, ALUVILA PUTHEN VEEDU, THALAYAL, BALARAMAPURAM. 2. JITHIN @ UNNI, AGED 23 YEARS, S/O.PEETHAMBARAN, ALUVILA PUTHEN VEEDU, THALAYAL, BALARAMAPURAM, SUPERVISOR, SOLAR WATER HEATER, KARAMANA. BY ADV. MR.R.GOPAN RESPONDENTS/COMPLAINANTS ----------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJESH, S/O.FRANKLIN, AGED 19 YEARS, PALLIVILAKATHU VEEDU, R.C.STREET, PALLICHAL VILLAGE. R1 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. R2 BY ADV. MR.K.K.DHEERENDRAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3501 OF 2009 ------------------------------------------ Dated 6th November 2009 O R D E R Petitioners are accused and second respondent, the de facto complainant in crime No.395/2009 of Balaramapuram police station registered for the offences under Sections 365, 323, 506(i) read with Section 34 of Indian Penal Code. Case was registered after recording first information statement of second respondent on the allegation that he was wrongfully kept in confinement after forcibly taking him from the place near Aluvilla Railway cross, on 1/8/2009 from 6 p.m to 10 p.m and caused hurt and also threatened him that he will be murdered. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled with second respondent and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-B affidavit wherein second Crmc 3501/09 2 respondent stated that complaint was registered before the police due to disputes with the petitioners and later entire disputes were resolved amicably at the intervention of mediators and in such circumstances, there is no objection for quashing the proceedings, as he has no grievance against the petitioners. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A FIR shows that allegation raised against petitioners are purely personal in nature as against second respondent. Annexure-B affidavit filed by second respondent establish that disputes with petitioners and second respondent were amicably settled and he has now no grievance against the petitioners and he has expressed his willingness to quash the proceedings. 5. When the offences alleged against the petitioners are purely personal in nature, as against second respondent and second respondent has settled the disputes with petitioners, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of justice to Crmc 3501/09 3 continue the proceedings, as consequent to the settlement there cannot be a successful prosecution. In such circumstances, petition is allowed. Crime No.395/2009 of Balaramapuram police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.