IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.MC.No. 3026 of 2009() ------------------------- CRIME 870/07 OF KALAMASSERY POLICE STATION, ALUVA C.C.362/08 OF Judicial First Class Magistrate,--II, ALUVA PETITIONER(S): --------------- SREEKUMAR.A., S/O.K.C.G.MENON(LATE), AGED 46 YEARS, SANTHIVIHAR HOUSE, ELAMAKKARA, KOCHI. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM. 3. SMT.REJI C.RAJAN, D/O.RAJA SUNDARAN PILLAI, CHETTAYIL HOUSE, CHIRAKKADAVU, KANHIRAPPALLY TALUK, KOTTAYAM DISTRICT. ADV. SRI.M.JITHESH MENON FOR R3 R1 & R2 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3026 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R Petitioner is the accused and third respondent the de facto complainant who is the injured, in C.C.362/2008 on the file of Judicial First Class Magistrate-II, Aluva under Annexure-I final report for the offences under Sections 324 and 506(ii) of Indian Penal Code. Prosecution case is that on 30/9/2007 at about 4.30 p.m petitioner came to the house of third respondent and threatened her with a knife so as to sign the papers for her divorce with the petitioner and when she expressed her unwillingness petitioner caused hurt to her with the knife and thereby committed the offences under Sections 324 and 506(ii) of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I final report as well as the cognizance taken contending that entire disputes with third respondent were amicably settled and in the light of the settlement it is not in the interest of justice to continue the prosecution. CRMC 3026/09 2 2. Third respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled between them and in view of the composition of the disputes she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, third respondent and learned Public Prosecutor were heard. 4. Annexure-I final report establishes that offences alleged against the petitioner are purely personal as against third respondent. In such circumstances, when affidavit filed by the third respondent establish that there was an amicable settlement of the disputes between them as claimed by the petitioner, it is not in the interest of justice to continue the prosecution. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when consequent to the settlement there is no chance for a successful prosecution and it would only result in unnecessary waste of valuable time of the court, it is not in the interest of justice to CRMC 3026/09 3 continue the prosecution. Petition is allowed. C.C.362/2008 on the file of Judicial First Class Magistrate-II, Aluva is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.