IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Crl.MC.No. 2460 of 2009 -------------------------------- CC.2244/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): ACCUSED NO.1 TO 6 ------------------------------------------------------ 1. JAYAKUMAR.K.K., S/O.KUTTAPPAN, AGED 28, KOTTATH HOUSE, PADIVATTOM, EDAPPALLI. 2. MADHU.K.U, S/O.UNNI, AGED 27, KOTTATH HOUSE, PADIVATTOM, EDAPPALLI. 3. UNNI.K.R., S/O.RAMANKUTTY, AGED 56, KOTTATH HOUSE, PADIVATTOM, EDAPPALLI. 4. SURESH.P.V., S/O.VELAYUDHAN, PEECHAMPILLY HOUSE, PADIVATTOM, EDAPPALLY. 5. RAMAKRISHNAN, S/O.VELAYUDHAN, PEECHAMPILLY HOUSE, PADIVATTOM, EDAPPALLY. 6. RAJU, S/O.VELAYUDHAN, PEECHAMPILLY HOUSE, PADIVATTOM, EDAPPALLY. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): ------------------------- 1. KUNJAPPAN, S/O.KUNJUMAN, AGED 65 YEARS, SINDHU BHAVAN, PADIVATTOM, EDAPPALLY SOUTH. 2. MANI, S/O.VELAYUDHAN, AGED 60, CHERIYIL VEEDU, TEMPLE ROAD, CHEMBUMUKKU KARAYIL, VAZHAKKALA VILLAGE. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.AJITH KRISHNAN FOR R1 & R2 PUBLIC PROSECUTOR SRI.B.VINOD FOR R3. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2460 OF 2009 =========================== Dated this the 28th day of July,2009 ORDER Petitioners are the accused in C.C.2244/2008 on the file Judicial First Class Magistrate Court-I, Ernakulam. Prosecution case is that petitioners formed themselves into an unlawful assembly and in furtherance of their common object of inflicting injuries on respondents 1 and 2, on 8.5.2007 at 5.30 p.m at Padivattomkara of Edappally South Village attacked respondents 1 and 2 and inflicted injuries and thereby committed offence under sections 143,144,147,341,324 read with section 149 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Proceedings to quash the proceedings in view of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19. 2. Respondents 1 and 2 appeared through a counsel and jointly filed Crl.M.Appl.4184/2009 for permission to compound the offence under section 320 of Code of Criminal Procedure stating that they have amicably settled the disputes and respondents 1 and 2 have no Crl.M.C.2460/2009 2 objection for getting the proceedings quashed. 3. Learned counsel appearing for the petitioners and respondents 1 and 2 and learned Public Prosecutor were heard. 4. Annexure A final report submitted by the Police under section 173(2) of Code of Criminal Procedure shows that the offences alleged against the petitioners are personal in nature as against respondents 1 and 2. The joint petition filed by petitioners and respondents 1 and 2 establish that there was an amicable settlement of all the disputes between them. In the light of the settlement even if petitioners are to be tried, there is no likelyhood of a conviction. In such circumstance, as held by the Supreme Court in Madan Mohan's case(supra) it is not in the interest of justice to continue the proceedings when the chances of a successful prosecution is very bleak. Petition is allowed. C.C.2244/2008 on the file of Judicial First Class Magistrate-I, Ernakulam is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006