IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Crl.MC.No. 2347 of 2009(A) ------------------------------------ CC.1009/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA ...................................... PETITIONER(S): 2ND ACCUSED -------------------------------------------- VIMALKUMAR, AGED 28 YEARS, S/O.SATHYASEELAN, VINOD MANDIRAM, NEDUMAN DESOM, BHARATHIAMMA ROAD, KOVALAM, THIRUVANANTHAPURAM. BY ADV. SRI.SYAM J. SAM RESPONDENT(S): DEFACTO COMPLAINANTS ---------------------------------------------------------------- 1. SHAMNAD, AGED 35 YEARS, S/O.SAHUL HAMEED, SHAJEELA MANZIL, HARBOUR ROAD, VIZHINJAM, THIRUVANANTHAPURAM. 2. SHAMLA, AGED 27 YEARS, W/O.SHAMNAD, SHAJEELA MANZIL, HARBOUR ROAD, VIZHINJAM, THIRUVANANTHAPURAM. 3. SHABNA, AGED 24 YEARS, D/O.SAINABA, SHAJEELA MANZIL, HARBOUR ROAD, VIZHINJAM, THIRUVANANTHAPURAM. 4. NOUSHAD, AGED 28 YEARS, S/O.USNARUPILLA, AATHIRA HOUSE, NEAR TELECOM OFFICE, VIZHINJAM, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.A.R.ARSHAD KHAN FOR R1 TO R3 PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2347 of 2009 -------------------------- ORDER Petitioner is the second accused and fourth respondent the first accused in C.C.No.1009/2007 on the file of Judicial First Class magistrate's Court-II, Neyyattinkara. Prosecution case is that the accused, on 4.11.2007 at about 6.50 p.m., trespassed into the house of respondents 1 to 3 with an intention to cause hurt to them and beat on the cheek of first respondent and caught hold of respondents 2 and 3 and thereby committed offences under Sections 354, 324, 294(b) and 452 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that subsequently there was a settlement of all the disputes with respondents 1 to 3 and therefore, it is not, in the interest of justice, to continue the proceedings. Annexure-A3 agreement was produced to CRMC 2347/09 2 prove that there was an amicable settlement of all the disputes between the accused and respondents 1 to 3. An affidavit of the first respondent is also filed to the effect that there was a settlement. 2. Learned counsel appearing for the petitioner and respondents 1 to 3 and learned Public Prosecutor were heard. 3. Offences alleged against the petitioner and fourth respondent are purely personal in nature against respondents 1 to 3. Except the offences under Sections 452 and 294(b) of Indian Penal Code, other offences are compoundable. As two of the offences are not compoundable, this petition is filed to quash the proceedings. 4. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when there was a settlement of all the disputes with the accused and respondents 1 to 3 and offences alleged are personal in nature, it is not, in the interest of justice, to continue the proceedings. Annexure- CRMC 2347/09 3 A3 agreement and affidavit of the first respondent establish that all the disputes with the accused and respondents 1 to 3 were amicably settled. In such circumstances, even if accused are to be tried, there is no likelihood of a successful prosecution and it would result in only unnecessary waste of valuable time of the court. Hence, it is not, in the interest of justice to continue the proceedings. Petition is allowed. C.C.No.1009/2007 on the file of Judicial First Class Magistrate's Court-II, Neyyattinkara as against the petitioner is quashed. 31st July, 2009 (M.Sasidharan Nambiar, Judge) tkv