IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.MC.No. 4045 of 2010 (C) ------------------------- PETITIONERS/A1 TO A4: -------------------------------------- 1. JIJIMON K.G.,AGED 18 S/O.,GANESHAN, KONNOTH HOUSE, KUZHIYARA P.O., 2. UNNIKRISHNAN K.S., AGED 40 S/O.SANKARAN, KIZHAKKEDATH (H) CHOTTANIKKARA, 3. ANEESH V.K.AGED 31 S/O.KUTTAN, VILLAMPARAMBIL, KUZHIYARA P.O., 4. JITHIN RAJ . K.R., AGED 21 S/O.RAJAN, KIZHAKEDATH HOUSE, KOKKAPPILLY. BY ADVS. SRI.C.P.UDAYABHANU SRI.BOBAN PALAT RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. K.R.AMITH, AGED 21 S/O.RADHAKRISHNAN KUTHUKALLINGAL VEEDU, MANAKUNNAM VILLAGE KANDANADU-682305 2. STATE OF KERALA, REPRESETNED BY THE S.I.OF POLCIE, MULANTHURUTHY POLICE STATION, (CRIME 270/2010) REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 R1 BY SRI.G.SIJI R2 BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4045 OF 2010 --------------------------------------------- Dated 18th October, 2010 O R D E R Petitioners are the accused and first respondent, the de facto complainant in Crime No.270/2010 of Mulanthuruthy Police Station registered under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I FIR and further proceedings contending that entire disputes were settled amicably, evidenced by Annexure-II agreement and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed an affidavit stating that Crmc 4045/10 2 entire disputes were settled amicably and consequent to the settlement he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Learned counsel appearing for the first respondent submitted that as stated in the affidavit filed by the first respondent, entire disputes were settled. Learned Public Prosecutor submitted that statements of the first respondent recorded subsequently show that the matter has been settled. 5. Under Annexure-I FIR Crime No.270/2010 of Mulanthuruthy Police Station was registered based on the first information statement furnished by the first respondent. As per FI statement, under the guise of settling Crmc 4045/10 3 the dispute, which arose on 15/3/2010, first petitioner called first respondent and first respondent under the belief that disputes will be settled went near first petitioner and then he was attacked with a soda bottle and first respondent was wrongfully restrained and made to stand near the wall. Then using a sharp object, injury was inflicted on the first respondent. It is alleged that if first respondent had not evaded, it would have landed on his chest and if so, it would have caused his death. But as he evaded, it landed on the shoulder and caused hurt. Petitioners thereby committed the offences. Offences alleged are purely personal in nature against first respondent. Though offence under Section 308 of Indian Penal Code is alleged, it is not based on the grievous nature of the injury, but on Crmc 4045/10 4 the allegation that if it had landed on the chest it would have caused his death. In such circumstances, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences are purely personal in nature and there has been settlement of the disputes between the injured and the accused, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.270/2010 of Mulanthuruthy Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.