IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2393 of 2009() ---------------------------------------- (CRIME NO.504/2009 OF IRINJALAKUDA POLICE STATION) PETITIONER(S): ACCUSED 1 TO 7: --------------------------------------------------- 1. RATHEESH @ RAJESSH, VETTIYATTIL HOUSE, ERUMATHADAM, VELLANGALLUR, THRISSUR DISTRICT. 2. PRAJEESH, S/O.SREEDHARAN, THACHAMPILLY HOUSE, ERUMATHADAM, VELLANGALLUR, THRISSUR DISTRICT. 3. JEEVAN, S/O.SIVAN, ERNAPPILLY HOUSE, KUNNATHUR, CHAMAKUNNU, VELLANGALLUR, THRISSUR DISTRICT. 4. FAIZAL, S/O.ABDUL RAHIMAN, KARAPPAM VEETIL HOUSE, VELLANGALLUR, THRISSUR DISTRICT. 5. NIGIL, S/O.SOMAN, NADAVARAMBU, THRISSUR DISTRICT. 6. KUTTAPPU @ NIGIL, S/O.PEETHAMBRAN, ERNAPPILLY HOUSE, KUNNATHUR, CHAMAKUNNU, VELLANGALLUR, THRISSUR DISTRICT. 7. DILEEP, S/O.SIVAN, ERNAPPILLY HOUSE, KUNNATHUR, CHAMAKUNNU, VELLANGALLUR, THRISSUR DISTRICT. BY ADVS. MR.A.C.DEVY, MR.P.S.LATHEESH. Kss ..2/- ....2...... CRMC.NO.2393/2009 RESPONDENT(S): STATE:COMPLAINANT & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, IRINJALAKUDA. 3. SOJO, 26 YEARS, S/O.ANTONY, PAROOKKARAN HOUSE, VELAYANADU DESOM, VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI R3 BY ADV.MR.LIJO GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2393 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioners are the accused in crime No.504/2009 of Irinjalakuda police Station registered for the offences under Sections 143, 147, 148, 452, 323, 324 read with Section 149 of Indian Penal Code. Third respondent is the defacto complainant. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR and the further proceedings contending that the entire disputes with third respondent was settled. As FIR shows that hurt was caused to Saleesh Kumar, alleged to be a friend of third respondent, petitioners along with Saleesh Kumar filed a petition, Crl.M.A.4830/2009 seeking permission to compound the offence. A separate statement by Saleesh Kumar in a fifty rupees stamp paper attested by a Notary public of Irinjalakuda is also filed to prove the settlement. 2. Learned counsel appearing for the petitioners and third respondent and learned Public CRMC 2393/09 2 Prosecutor were heard. Learned Public Prosecutor also submitted that statement of the defacto complainant was taken and it shows that there was a settlement. When Annexure-C statement of the injured Saleesh Kumar jointly filed with third respondent and petitioners establish that the entire disputes were settled, it is not in the interest of justice to proceed with the case. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) consequent to the settlement, when there is no chance of a successful prosecution no useful purpose will be served by proceeding with the case. Petition is allowed. Crime No.504/2009 of Irinjalakuda police station as against petitioners is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.