IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Crl.MC.No. 1828 of 2009 ------------------------------- (CRIME NO.834/08 OF THAMARASSERY POLICE STATION) PETITIONER(S): ACCUSED ------------------------------------- 1. ASHRAF KUDUKKIL, S/O.KOYAMU HAJI, KUDUKKIL HOUSE, THAMARASSERY. 2. NADIR KUDUKKIL, S/O.KUDUKKIL MOOSA HAJI, KUDUKKIL HOUSE, THAMARASSERY. 3. MUHAMMED ALI KUDUKKIL, S/O.KUDUKKIL MOOSA HAJI, KUDUKKIL HOUSE, THAMARASSERY. 4. MOHANAN KACHERIKUNNUMMAL, S/O.LATE CHATHUKUTTY, P.O.THAMARASSERY. 5. SAMARUSEEN KUDUKKIL, S/O.MUHAMMED KUDUKKIL, THAMARASSERY. 6. ASHIQ CHAKKITTAKANDI, S/O.ASHRAF, KARADI, THAMARASSERY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANOOP KACHERIKKAL, S/O.ACHUTHAN, KACHERIKKAL HOUSE, THAMARASSERY. R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. R2 BY ADV. SRI.NISHIL.P.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1828 of 2009 ================== Dated this the 26th day of June, 2009. O R D E R Petitioners are accused in Crime No.834/2008 of Thamarassery Police Station. Second respondent is the defacto complainant and the injured. Offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of Indian Penal Code. Prosecution case is that with the common object of causing death of second respondent, petitioners formed themselves into an unlawful assembly and armed with deadly weapons inflicted injury on the second respondent on 13-12-2008 at about 8.45 PM and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR contending that subsequently there was a settlement of the disputes between second respondent and the petitioners and consequent to the settlement second respondent does not intend to proceed with the case and therefore the case is to Crl.M.C.No.1828/2009 -2- be quashed. Annexure 2 affidavit was filed by the second respondent stating that he has settled all the disputes with the petitioners and he has no objection for quashing the proceedings. 2. Learned Counsel appearing for the petitioners and second respondent and learned Public Prosecutor were heard. 3. Learned Public Prosecutor on instructions submitted that statement of the second respondent was later recorded to the effect that the dispute was settled with the petitioners and he has no further grievance against the petitioners. 4. Annexure 2 affidavit with the submission of the learned Counsel appearing for the second respondent establish that disputes of the second respondent with the petitioners were resolved and he has no further grievance against the petitioners. Though an offence under Section 308 of Indian Penal Code ordinarily cannot be quashed Crl.M.C.No.1828/2009 -3- invoking the extra-ordinary powers of this court under Section 482 of Code of Criminal Procedure, accepting the settlement with the injured, the wound certificate and treatment certificate made available by the Public Prosecutor from the case diary show that second respondent only sustained minor injury on the hand. In such circumstances when the matter has been settled between the parties and when even if petitioners are to be tried, there is no chance for a successful prosecution, as held by the Apex Court in Madan Mohan Aboot v. State of Punjab (2008 (3) KLT 19 SC), it is not in the interest of justice to proceed with the case further and waste the valuable time of the court. 5. Petition is allowed. Crime No.834/2008 of Thamarassery Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr