IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Crl.MC.No. 3366 of 2009 ---------------------------------- (CRIME NO. 317/2009 OF MATTANNUR POLICE STATION) ........... PETITIONER/ACCUSED: ---------------------------------- GANGADHARAN NAMBIAR, PRIYA NIVAS, KOTHERI, MATTANNUR, KANNUR DISTRICT. BY ADV. MR.CIBI THOMAS. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- 1. V.V.THANKAMANI, W/O.PRAKASAN, AGED 45 YEARS, VELLUVA HOUSE, CHAVASSERI AMSOM, CHAVASSERY DESOM, KANNUR DISTRICT. 2. P.V.USHA RANI, W/O.JANARDHANAN, AGED 36 YEARS, PUTHIYAVEEDU, KEEZHALLUR AMSOM, KOTHERI DESOM, KANNUR DISTRICT. 3. SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 4. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY ADV. MR.P.K.ANIL, R3 & R4 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3366 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R Petitioner is the accused in crime No.317/2009 of Mattannur police station registered for the offence under Section 294(b) of Indian Penal Code. Prosecution case is that on 3/8/2009 at about 10 a.m when respondents 1 and 2 Junior Public Health Nurse and Asha worker, came to the house of the petitioner, K.P.VI/28, petitioner scolded them using obscene words and thereby committed the offence under Section 294(b) of Indian Penal Code. 2. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 1 and 2 were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, respondents 1 and 2 and learned Public Prosecutor were heard. Crmc 3366/09 2 4. Respondents 1 and 2 along with the petitioner filed a joint petition stating that they have settled all the disputes and in view of the settlement, the case is to be quashed. Learned Public Prosecutor submitted that after filing of the petition, statement of de facto complainants were recorded and it is disclosed that entire disputes were settled. 5. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when there has been an amicable settlement of the disputes between petitioner and respondents 1 and 2 and consequent to the settlement chance of a successful prosecution is very bleak, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.317/2009 of Mattannur police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.