IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2322 of 2009() ----------------------------------- CC.396/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER/ACCUSED --------------------------------- VIKRAMAN,AGED 42 YEARS,S/O.BALAKRISHNAN, KARUMALI HOUSE, KULATHUR P.O., NELLAYI DISTRICT. BY ADV. MR.V.M.KRISHNAKUMAR RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. SEENA.K.S., D/O.VILASINI, KANAYATH HOUSE, KOLATHUR P.O., THRISSUR. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, VADAKKANCHERY. R2 BY PUBLIC PROSECUTOR MR.B. VINOD. R1 BY ADV. SMT.P.R.REENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2322 OF 2009 ------------------------------------------ Dated 3rd August 2009 O R D E R Petitioner is the accused in C.C.396/2009 on the file of Judicial First Class Magistrate, Irinjalakuda. Prosecution case is that petitioner committed offence under Sections 323, 324 and 294(b) of Indian Penal Code. First respondent is the injured defacto complainant. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case pending before the learned Magistrate contending that there was an amicable settlement of the dispute with first respondent. As offence under Section 294(b) is not compoundable under Section 320 of Code of Criminal Procedure, this petition is filed. 2. Second respondent appeared through a counsel and Annexure-II affidavit is filed stating that there was an amicable settlement of the disputes and she has no objection to drop the proceedings as against the petitioner. 3. Learned counsel appearing for petitioner CRMC 2322/09 2 and learned counsel appearing for first respondent and learned Public Prosecutor were heard. 4. Offence alleged against petitioner is only of personal nature as against first respondent. When disputes of first respondent with petitioner is amicably settled and she filed an affidavit stating that due to the settlement of the disputes she has no objection for quashing the proceedings, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) it is not in the interest of justice to continue the prosecution when consequent to the settlement chance of successful prosecution is very bleak. Petition is allowed. C.C.396/2009 on the file of Judicial First Class Magistrate, Irinjalakuda is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.