IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 2200 of 2009 ---------------------------------- [CC.NO.223/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL] .................... PETITIONERS/ ACCUSED 1 & 2: --------------------------------------------- 1. AYOOB, AYANIMOOTIL HOUSE, ULIYADUTHARA, CHEMBAZHANTHI, ANANDISWARAM,. 2. ABOOBACKER, AYANIMOOTIL HOUSE, ULIYADUTHARA, CHEMBAZHANTHI, ANANDISWARAM. BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.NISHA G.THARAMAL. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AKBAR,PACHIKODU PUTHUVAL PUTHEN VEEDU, NEAR MUSLIM MOSQUE, ATHIYANOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADV. SMT.C.PRABITHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2200 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioners are accused in C.C.223/2009 on the file of Judicial First Class Magistrate-II, Attingal, taken cognizance for the offences under Sections 143, 147, 148, 149, 341, 294(b), 323 and 324 read with Section 34 of Indian Penal Code on Annexure-III final report. Second respondent is the de facto complainant. Prosecution case is that in furtherance of their common intention, petitioners caused hurt to second respondent Akbar and his wife Jameela and also to Nazir, Ajmeer and Khuraishia and thereby committed offences under Sections 341, 323, 324 read with Section 34 of Indian Penal Code. Case itself is that it was committed consequent to the matrimonial dispute. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the settlement of all the disputes with second respondent and the other injured, it is not in the interest of justice to CRMC 2200/09 2 continue the prosecution. Annexure-II compromise petition filed before the Family court, Nedumangadu establish that matrimonial dispute was settled amicably. Crl.M.A.4694/2009 is jointly filed by the petitioners along with second respondent and the injured Nazir, Ajmeer, Jameela, Akbar and Khuraishia stating that in view of the settlement of all the disputes, they have no objection for quashing the proceedings. 2. Learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 3. Reports furnished by the investigating officer shows that there was a complete settlement of the disputes. Except the offence under Section 294(b), all other offences are compoundable. Joint petition filed by the second respondent and the other injured establish that there was a complete settlement of all the disputes. In such circumstances, it is not in the interest of justice to continue the prosecution, when consequent to the settlement even if, petitioners are to be tried, there is no likelihood of successful CRMC 2200/09 3 prosecution. Petition is allowed. C.C.223/2009 on the file of Judicial First Class Magistrate-II, Attingal is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.