IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 670 of 2010() ---------------------------------- CC.181/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER/A2: ----------------------- AJAYAN, AGE 28, S/O.THULASI, PUTHUVEL PUTHEN VEEDU, NEAR KATTUKULAM, TOWN WARD, KARIYIL DESOM, MENAMKULAM VILLAGE, KAZHAKUTTOM. BY ADV. MR.SHAJIN S.HAMEED RESPONDENTS/CW1 & CW2: ------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANIYAN, AGE 60, (CW1) S/O.CHELLAPPAN, NEAR BHARAT PETROLEUM GAS PLANT, MENAMKULAM VILLAGE, KAZHAKUTTOM. 3. SANTHOSH, AGE 27 (CW2) S/O.MANIYAN, OORUVILAKATHU VEEDU, NEAR BHARAT PETROLEUM GAS PLANT MENAMKULAM VILLAGE, KAZHAKUTTOM. 4. SHIVAPRASAD, S/O.SAHADEVAN (A3) THEKKALAPURATHU VEEDU, NEAR FCI GO-DOWN, MENAMKULAM VILLAGE, KAZHAKUTTOM. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 & R3 BY ADV. MR.K.K.DHEERENDRAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.670 of 2010 -------------------------- ORDER Petitioner is the second accused in C.C.No. 181/2009 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram, taken cognizance for the offences under Sections 323, 324, 452, 427 and 506(ii) read with Section 34 of Indian Penal code and Section 27 of Arms Act on Annexure-B final report. There are three accused in the case. The case as against the first accused was quashed by Annexure-A order dated 18.11.2009 in Crl.M.C.No. 3663/2009 based on the settlement of the disputes with respondents 2 and 3, the injured defacto complainants. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case against the petitioner. 2. Respondents 2 and 3 appeared through a counsel and filed an affidavit stating that entire disputes with the accused were settled amicably and in view of the settlement, they have no objection for quashing the proceedings. CRMC 670/10 2 3. Learned counsel appearing for the petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Learned counsel appearing for respondents 2 and 3 submitted that entire disputes with the accused were settled amicably and the case not only against the petitioner, but against the fourth respondent/third accused could also be quashed, in view of the settlement between the parties. In such circumstances, when the offences alleged against the accused are purely personal in nature and it is established that there was an amicable settlement of the disputes between the parties, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.181/2009 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram is quashed. 25th February, 2010 (M.Sasidharan Nambiar, Judge) tkv