IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Crl.MC.No. 3363 of 2009 --------------------------------------- C.C.808/2008 of JFCM, KASARGOD .......... PETITIONERS/ACCUSED 1 TO 6 & DEFACTO COMPLAINANT: 1. IRSHAD, S/O.AZEEZ, MANIMUNDA, UPPALA P.O., KASARGOD. 2. ARSHAD, S/O.MOHAMMED HASSAN, PARAKKATTA HOUSE, UPPALA, KASARGOD. 3. SALEEM, S/O.SAYED YUSUF, MANIMUNDA, UPPALA P.O., KASARGOD. 4. MOHAMMED ASEEM, S/O.ISMAIL @ SHEIK ISMAIL MANIMUNDA, UPPALA P.O., KASARGOD. 5. ASHOKAN, S/O.ACHUTHA SALIAN, MANIMUNDA, UPPALA P.O., KASARGOD. 6. ABBA ALIAS ABOOBACKER, S/O.ABDUL KADER, MANIMUNDA, UPPALA P.O., KASARGOD. 7. HAFSA MUNEER,W/O.MUNEER, AGED 32, RESIDING AT PATEEL COMPOUND, NEAR UPPALA AYYAPPA BHAJANA MANDIRAM, UPPALA VILLAGE, MANGALPPADY, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE: THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3363 of 2009 -------------------------- ORDER Petitioners 1 to 6 are the accused and seventh petitioner the defacto complainant in C.C.No.808/2008 on the file of Judicial First Class Magistrate's Court, Kasargod, taken cognizance for the offences under Sections 143, 147 and 427 read with Section 149 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal procedure to quash the case contending that in view of the settlement between the seventh petitioner and other petitioners, it is not in the interest of justice to continue the prosecution. 2. Annexure-2 final report shows that prosecution case is that on 22.6.2008 at about 4 p.m., petitioners 1 to 6 formed themselves into an unlawful assembly with the common object of destroying the minutes book of the Grama Sabha and committed trespass into the Grama Sabha Office and thereby committed the offences under Sections 143, 147 and 427 read with Section 149 of Indian Penal Code. CRMC 3363/09 2 2. Annexure-3 affidavit of the seventh petitioner establishes that entire disputes between the parties were amicably settled and in such circumstances, she does not want to continue the prosecution. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Annexure-2 final report establishes that offences alleged against petitioners 1 to 6 are purely personal in nature against the seventh petitioner. When entire disputes between petitioners 1 to 6 and seventh petitioner were amicably settled, it is not in the interest of justice to continue the prosecution. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), consequent to the settlement when chances of a successful prosecution are very bleak, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.808/2008 on the file of Judicial First Class Magistrate's Court, Kasargod is quashed. 19th October, 2009 (M.Sasidharan Nambiar, Judge) tkv