IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 3689 of 2010() ------------------------------------- CR NO.346/2010 OF MANJESHWAR POLICE STATION. .................... PETITIONER/ACCUSED --------------------------------- SREEDHARA, AGED 26 YEARS, S/O.RANIPPA POOJARI, SUNNADA HOUSE, CHIPPER PO, KASARAGOD TALUK. BY ADV. SRI.P.K.ANIL RESPONDENTS/COMPLAINANT/STATE --------------------------------------------------------- 1. CHOWKARU @ ANNU, S/O.THUKRA, MEKIPADAM, MULIGADE, BAYAR VILLAGE, KASARAGOD. 2. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 3. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY ADV. SMT.T.J.SEEMA. R2 & R3 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3689 OF 2010 --------------------------------------------- Dated 20th September, 2010 O R D E R Petitioner is the accused in crime No.346/2010 of Manjeshwar Police Station registered for the offences under Sections 324 and 308 of Indian Penal Code on Annexure-I FIR based on the first information statement of first respondent, the injured. Petition is filed under Section 482 of Code of Criminal Procedure to quash the pending proceedings contending that entire disputes with the first respondent were settled amicably. 2. First respondent appeared through a counsel and filed a joint petition with the petitioner stating that entire disputes were settled amicably and therefore, offences are Crmc 3689/10 2 to be permitted to be compounded. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Learned Public Prosecutor made available the case diary which contains the wound certificate of the injured. Annexure-I FIR shows that case of the first respondent in the first information statement is that on the evening of 30/4/2010 at about 6.30 p.m first respondent had gone to the school varandha at Muligadde for consuming liquor and on his way petitioner asked for Rs.500/- and the first respondent refused to pay that amount. Later, while first respondent was consuming liquor petitioner came there and questioned first respondent why he not pay the amount demanded and stabbed on his face and head and thereby Crmc 3689/10 3 committed the offences. Though an offence under Section 308 of Indian Penal Code is alleged, the wound certificate shows that the only grievous hurt caused was on the pinna of the ear. 5. Considering the facts disclosed in Annexure-I with the nature of the injuries stated in the wound certificate made available by the Public Prosecutor, it is clear that an offence under Section 308 of Indian Penal Code is not attracted. The offence under Section 324 of Indian Penal Code alleged against the petitioner are purely personal in nature against the first respondent. Joint statement filed by the first respondent with the petitioner establishes that he has settled the entire disputes with the petitioner. As held by the Apex court in Madan Mohan Abbot v. State Crmc 3689/10 4 of Punjab (2008 (3) KLT 19 (SC) when the offences alleged against the petitioner are purely personal in nature and there has been settlement of all the disputes between the petitioner and first respondent, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.346/2010 of Manjeshwar Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.