IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 998 of 2010 -------------------------------- (CRIME NO. 235/2005 OF VARAPPUZHA POLICE STATION) ........... PETITIONER/ACCUSED: ---------------------------------- SIJO, S/O.XAVIER, PADAMATTUMMEL VEEDU, KOTTUVALLY VILLAGE,KOONAMMAVU, PARAVOOR. BY ADV. MR.S.RAJEEV. RESPONDENTS/ STATE & CWS 1 & 2: ------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.235 OF 2005 OF VARAPPUZHA POLICE STATION). 2. DEVASSY KUTTY, AGED 47 YEARS, S/O.VARKEY,PUTHUSSERRY, NEAR ST.JOSEPH'S CONVENT, VALLUVALLY KARA, KOTTUVALLY,PARAVUR. 3. SMITHA,D/O.DEVASSY KUTTY,PUTHUSSERRY, NEAR ST.JOSEPH'S CONVENT, VALLUVALLY KARA, KOTTUVALLY,PARAVUR. 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 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.998 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petitioner is the accused and respondents 2 and 3 the de facto complainant and the injured in C.C.127/2006 on the file of Judicial First Class Magistrate, North Paravur taken cognizance for the offences under Sections 452, 323, 324 and 427 of Indian Penal Code on Annexure-I final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the pending proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution, as the offences alleged are purely personal in Crmc 998/10 2 nature. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavit stating that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Prosecution case as seen from Annexure-1 final report is that with the intention of causing hurt to respondents 2 and 3, due to previous enmity, on 4/12/2005 at about 6.30 p.m petitioner broke opened the front door of the residential house of respondents 2 and 3 and committed house trespass and with a granite stone hit on the chest of the second respondent and caused hurt Crmc 998/10 3 and when third respondent tried to rescue second respondent, hurt was caused to her also and thereby committed the offences. 5. Offences alleged are purely personal in nature as against respondents 2 and 3. Affidavit filed by respondents 2 and 3 establish that entire disputes were settled amicably with the petitioner. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences are purely personal in nature and were settled between the accused and the de facto complainant and the injured, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.127/2006 on the file of Judicial First Class Magistrate, North Paravur is quashed. Crmc 998/10 4 M.SASIDHARAN NAMBIAR, JUDGE. uj.