IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 4480 of 2010() ------------------------- SC.939/2008 of ASSISTANT SESSIONS COURT, TRIVANDRUM ................... PETITIONERS / A1 & A2: ---------------------------------- 1. FEROZ, AGE 26 (A1), S/O.FAZIL, HOUSE NO.36, BEL HEAVEN GARDENS, KURAVANKONAM WARD, KOWDIAR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. SAM DAVID, AGED 23, (A2), S/O.MOHANACHANDRAN, T.C.2/3243, ROHINI COMPOUND, OPPOSITE LIC PATTOM, KESAVADASAPURAM WARD, PATTOM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHAJIN S. HAMEED RESPONDENTS / STATE & CW1: --------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE, MUSEUM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAJIN, S/O.SALIM, AGE 31, (CW1), T.C.36/1331(2), PERUNTHANI HSS COLLEGE LANE, PERUNTHANI WARD, VANCHIYOOR VILLAGE. *ADDITIONAL R3 TO R6 IMPLEADED 3. SAKARIA, AGE 32, S/O. MAMMUHAJI, (CW2) T.C.41255 (4), AMBALA NAGAR, KURAVANKONAM WARD, PERMANENTLY RESIDING AT NEELIYATHUKUNIYIL VEEDU, VILLAPPALY WARD, VADAKARA VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT. Crl.MC.No. 4480 of 2010() -2- 4. SHABEER, AGE 28, S/O. SOOPI (CW3) T.C.4/255 (4), AMBALA NAGAR, KURAVANKONAM WARD, PERMANENTLY RESIDING AT THODANKKAR VEEDU, THODANKKAR WARD, VADAKARA TALUK, KOZHIKODE VILLAGE. 5. SALEESH, AGE 30, S/O. NANU (CW4) T.C.4/255 (4), AMBALA NAGAR, KURAVANKONAM WARD, PERMANENTLY RESIDING AT MOONUKUNDAM CHALIL VEEDU, PAYYOLI WARD, PAYYOLI VILLAGE, KOILANDY TALUK, KOZHIKODE VILLAGE. 6. RAVISHANKAR, AGE 25, S/O. RAMAN, (CW5) T.C.9/851, JAWAHAR NAGAR, VELLAYAMBALAM, KOWDIAR WARD, KOWDIAR VILLAGE. *IMPLEADED AS ADDITIONAL R3 TO R6 AS PER ORDER DATED 30-11-2010 IN CRL.MA.7520/2010 IN CR.MC.NO.4480/2010. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 TO R6 BY ADV. SRI.D.KISHORE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/12/2010, ALONG WITH CRMC NO. 4485 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4480 & 4485 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioners in Crl.M.C.4480/2010 are the accused in S.C.939/2008 and petitioners in Crl.M.C.4485/2010 are the accused in S.C.1184/2009, on the file of Principal Assistant Sessions Court, Thiruvananthapuram. Second petitioner in Crl.M.C.4480/2010 is the second respondent in Crl.M.C.4485/2010, who is the injured de facto complainant in S.C.1184/2009. First petitioner in Crl.M.C.4485/2010 is the second respondent in Crl.M.C.4480/2010 who is the de facto complainant in S.C.939/2008. Learned Assistant Sessions Judge has taken cognizance of the offences under sections 143, 147, 148, 323, 324 506(ii) and 308 read with section 149 of Indian Crl.M.C.4480 & 4485 of 2010 2 Penal Code in S.C.939/2010 on Annexure A final report. Cognizance was taken in S.C.1184/2009 on Annexure I final report, for the offences under section 143,147,148,323 and 324 read with section 149 of Indian Penal Code. Both the cases are in respect of the very same incident that occurred on 5.8.2007 at about 8.45 p.m, on the side of the road proceeding in front of Raj Bhavan at Vellayambalam, Thiruvananthapuram. S.C.939/2008 is the main case and S.C.1184/2009 is the counter case. Petitions are filed under section 482 of Code of Criminal Procedure to quash the main case and the countercase, contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 to 6 in S.C.939/2008, who are the injured, appeared through a counsel and filed separate affidavits stating that entire disputes were settled amicably and consequent to the settlement, they have no subsisting grievance Crl.M.C.4480 & 4485 of 2010 3 against petitioners and in such circumstances, they have no objection for quashing the proceedings. Second respondent in Crl.M.C.4485/2010, the injured de facto complainant who is also one of the accused in S.C.939/2008, also appeared through a counsel and filed a petition jointly with the petitioners stating that entire disputes were settled amicably and consequent to the settlement, case is to be quashed. 3. Learned counsel appearing for the respective petitioners and respective injured and learned Public Prosecutor were heard. 4. The final reports establish that the offences alleged are purely personal in nature against the respective injured. The affidavits and the joint petition, filed by the accused and the injured establish that entire disputes were settled amicably. Learned Public Prosecutor also submitted that it is instructed that disputes were settled. 5. As held by the Apex Court in Madan Mohan v. State of Punjab (2008(3) KLT 19) when the offences Crl.M.C.4480 & 4485 of 2010 4 alleged are purely personal in nature and entire disputes were settled amicably between the accused and the injured, it is not in the interest of justice to continue the prosecution, especially when consequent to the settlement, there is no likelihood of a successful prosecution. Petitions are allowed. S.C.939/2008 and S.C.1184/2009 on the file of Principal Assistant Sessions Court, Thiruvananthapuram are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006