IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 1081 of 2010() ------------------------- CC.844/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... (CRIME NO.117/2008 OF MANJESHWAR POLICE STATION) PETITIONER(S): ACCUSED 1 TO 6: ---------------------------------------------------- 1. ABOOBACKER SIDHIQUE, AGED 24 YEARS, S/O. ABDUL KHADER, BALIGA HOUSE, DHARMATHADKA, KUMBLA, KASARGOD TALUM & DISTRICT. 2. GOPALAN @ RAJAGOPALAN, AGED 26 YEARS, S/O. RAMAKRISHNAN, PAIVALIKE HOUSE, PAIVALIKE, KASARAGOD. 3. SUNIL, AGED 27 YEARS, S/O. MADHAVA, LALBHAG, PAIVALIKE, KASARAGOD. 4. YASHWANTH KUMAR, AGED 32 YEARS, S/O. RAMACHANDRA BALAL, BAYIKATTA, PAIVALIKE, KASARAGOD. 5. ABDUL BASHEER, AGED 22 YEARS, S/O. ABDUL RAHIMAN, PAIVALIKE, KASARAGOD. 6. BIGON D'SOUZA, AGED 24 YEARS, S/O. HENRY D'SOUZA, KALAYI HOUSE, PAIVALIKE, KASARAGOD. BY ADVS. MR.SOJAN MICHEAL, SMT.DHANYA P.ASHOKAN. RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASMA, AGED 24 YEARS, W/O. SADULLA, KELAKINAMANA, PAIVALIKE VILLAGE, KASARAGOD. R1 BY PUBLIC PROSECUTOR MR. I.B.PRAMOD R2 B Y ADV. MR.P.S.NISHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1081 OF 2010 =========================== Dated this the 7th day of April,2010 ORDER Petitioners are the accused in C.C.844/2008 on the file of Judicial First Class Magistrate's Court, Kasaragod taken cognizance for the offences under sections 143,147, 148,452,427,294(b) and 506(ii) read with section 149 of Indian Penal Code. Prosecution case is that on 17.4.2008 at about 1.30 p.m, the six petitioners formed themselves into an unlawful assembly in furtherance of their common object and committed rioting armed with deadly weapons like sticks and stones and trespassed into the residential house of the second respondent and intimidated her and also caused a loss of Rs.1,000/- by breaking the glasses of the windows and thereby committed the offences. This petition is filed under Crl.M.C.1081/2010 2 section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled with the second respondent and as the offences alleged are purely personal in nature and there has been an amicable settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that the disputes were settled between the petitioners and second respondent on the intervention of mediators and well wishers and consequently she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners second respondent and learned Public Prosecutor were heard. 4. Annexure I the final report establishes that the offences alleged against the petitioners are purely personal in nature as against the second respondent. The affidavit filed by the second respondent establishes that entire disputes were Crl.M.C.1081/2010 3 amicably settled with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature against the second respondent and there has been a complete settlement of all the disputes between them, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.844/2008 on the file of Judicial First Class Magistrate's Court, Kasaragod is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006