IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 639 of 2010(D) ------------------------------------ [CC.NO.912/2003 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA] .................... PETITIONERS/ACCUSED NOS.1 TO 16: -------------------------------------------------------- 1. MADHUSOODANAN NAIR,KOTTAPPUZHAKAL PADINJARETHU HOUSE,PARUMALA MURI, KADAPRA VILLAGE. 2. RAJESH KUMAR, KANICHERIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 3. NIYAS, KOTTAKKAMALI COLONY, PARUMALA MURI,KADAPRA VILLAGE. 4. SILVESTOR, KULATHIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 5. SUBIN, PUTHUPARAMBIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 6. SUMESH, VALIYAPARAMBIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 7. SIJO,KURISUMMOOTTIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 8. RENNY SEBASTIAN, KULATHUMMADIYIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 9. PRAHLADAN, REVATHY NIVAS, PARUMALA MURI,KADAPRA VILLAGE. 10. ANEESH, KOTTAKKAMALI COLONY, PARUMALA MURI,KADAPRA VILLAGE. 11. ANOOP, MANOJ BHAVAN, PARUMALA MURI,KADAPRA VILLAGE. 12. ANU, KOTTAKKAMALI COLONY, PARUMALA MURI,KADAPRA VILLAGE. CRL.M.C. NO. 639/2010-D: 13. ABHILASH,KOTTAKKAMALI COLONY, PARUMALA MURI,KADAPRA VILLAGE. 14. SURESH, VALLAKKALI COLONY, PARUMALA MURI,KADAPRA VILLAGE. 15. ANEESH, KANICHERIL HOUSE, PARUMALA MURI,KADAPRA VILLAGE. 16. JOSEPH XEVIOR,FISHERMAN COLONY, PARUMALA MURI,KADAPRA VILLAGE. BY ADVS. MR.T.P.PRADEEP. RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUNIL @ OMANAKUTTAN, SREELAKSHMY HOUSE, THIKKAPPUZHA, PARUMALA MURI. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR, R2 BY ADV. MR.UNNI. K.K. (EZHUMATTOOR). THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.639 OF 2010 --------------------------------------------- Dated 8th April 2010 O R D E R Petitioners are the accused in C.C.912/2003 on the file of Judicial First Class Magistrate, Thiruvalla taken cognizance for the offences under Sections 143, 147, 148 and 324 read with Section 149 of Indian Penal Code. Prosecution case is that on 4/6/2003, at about 8.30 p.m petitioners formed themselves into an unlawful assembly due to the political rivalry with the common object of causing hurt to second respondent and in furtherance of the common object, while second respondent was travelling along with third respondent in an autorickshaw, they were wrongfully restrained and petitioners Crmc 639/2010 2 voluntarily caused hurt to second respondent and thereby committed offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that offences alleged against the petitioners are purely personal in nature against respondents 2 and 3 and 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 and 3 filed separate affidavits stating that they have settled all the disputes with the petitioners and therefore, they have no objection for quashing the proceedings. 3. Learned counsel appearing for Crmc 639/2010 3 the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure A final report establishes that offences alleged against the petitioners are purely personal in nature. The affidavit filed by respondents 2 and 3 establishes that entire disputes with the petitioners were amicably settled and consequent to the settlement, they have no subsisting grievance against the petitioners and they have no objection for quashing the proceedings. 5. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences alleged are purely personal in nature and there has been settlement of all the disputes between the accused and the injured, it is not in Crmc 639/2010 4 the interest of justice to continue the prosecution. Petition is allowed. C.C.912/2003 on the file of Judicial First Class Magistrate's court, Thiruvalla is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.