IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 3881 of 2009(E) ------------------------------------- [CC.NO.97/2008 OF JUDL.MAGISTRATE OF FIRST CLASS - I, N. PARAVUR, CRIME NO.156/2007 OF N. PARAVUR POLICE STATION] .................... PETITIONERS/ACCUSED NOS.1 TO 6: ------------------------------------------------------ 1. SHIYAS, S/O.ABDUL GAFOOR, AGED 29, SHAMNA MANZIL, PARUTHARAKARA, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. 2. SHIFAS, S/O.ABDUL GAFOOR, AGED 23, SHAMNA MANZIL, PARUTHARAKARA, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. 3. BASHEER, S/O.KHADERSHA, KANJIRAPARAMBIL HOUSE, MANNAM, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. 4. BIJILI, S/O.HUSSAIN, AGED 48, KANJIRAPARAMBIL HOUSE, PARUTHARAKARA, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. 5. NOUSHAD, S/O.IBRAHIM, AGED 32, KANJIRAPARAMBIL HOUSE, PARUTHARAKARA, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. 6. SUDHEER, S/O.SHAIK PAREED, MANALODIPARAMBIL HOUSE, PARUTHARAKARA, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. MR.ANIL K.MOHAMMED. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. CRL.M.C. NO.3881/2009-E: 2. SUJIL ANAND, S/O.SADANANDAN, KANIYAMPATHIL HOUSE, MINALOOR, PARAVUTHARAKARA, PARAVOOR VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM, R2 BY ADV. MR.T.E.ISMAIL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3881 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioners are accused and second respondent, the de facto complainant in C.C.97/2008 on the file of Judicial First Class Magistrate, North Paravur taken cognizance for the offences under Sections 143, 147, 447, 294(b), 506(i) and 323 read with Section 149 of Indian Penal Code. Prosecution case is that all the petitioners formed themselves into an unlawful assembly, with the common object of causing hurt to second respondent and to trespass into the property of second respondent on 1/3/2007 at about 6 p.m in furtherance of their common object, abused and intimidated second respondent and trespassed into his property and also caused hurt to him and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the final report and cognizance taken, contending that in view of settlement of the disputes with second respondent, it is not interest of justice to continue Crmc 3881/09 2 the prosecution. 2. Second respondent appeared through a counsel and filed Annexure-B affidavit stating that entire disputes with the petitioners were amicably settled and in view of the settlement, he has no subsisting grievance against petitioners and in such circumstances, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure-A final report establishes that offences alleged against petitioners are purely personal in nature as against second respondent and his property. Affidavit filed by second respondent establishes that all the disputes with petitioners were amicably settled and in view of the settlement, he has no objection for quashing the proceedings. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when offences alleged are purely personal in nature and there has been amicable settlement of all the disputes and Crmc 3881/09 3 consequent to the settlement there is no likelihood of a successful prosecution and the prosecution would only result in unnecessary waste of valuable time of the court, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.97/2008 of Judicial First Class Magistrate, North Paravur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.