IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 3146 of 2009 --------------------------------------- CC.288/2008 of JUDL.MAGISTRATE OF FIRST CLASS, NORTH PARAVUR .................... PETITIONER/ACCUSED: SIYAD, S/O.KHADER, AGED 33, THORANATHINKAL HOUSE, MANJUMMAL, ELOOR VILLAGE, ERNAKULAM DIST. BY ADV. SRI.ANIL K.MOHAMMED RESPONDENTS/STATE & COMPLAINANT: ---------------------------------- 1. STATE REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DILEEP, S/O.OMANAKUTTAN, MELPARIKUNNIL HOUSE, ELOOR, ELOOR VILLAGE, ERNAKULAM DIST. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SRI.T.E.ISMAIL FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3146 of 2009 -------------------------- ORDER Petitioner is the accused and second respondent, the defacto complainant and the injured in C.C.No.288/2008 on the file of Judicial First Class Magistrate's Court, North Paravur, taken cognizance for the offences under Sections 323 and 326 of Indian Penal Code on Annexure-A final report. Prosecution case is that on 16.12.2007, at about 5 p.m., petitioner, because of the previous enmity, caused grievous hurt on the second respondent with a chopper and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that as the entire disputes with the second respondent, the defacto complainant and the injured were settled, it is not in the interest of justice to continue with the prosecution. CRMC 3146/09 2 2. Second respondent appeared through a counsel and filed Annexure-B affidavit stating that in view of the amicable settlement, he has no objection for quashing the proceedings, as he is not interested in proceeding with the case. 3.Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Though an offence under Section 326 of Indian Penal Code is not compoundable under Section 320 of Code of Criminal Procedure, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when there is an amicable settlement of the disputes and consequent to the settlement, chances of a successful prosecution are very bleak and it would result only in unnecessary waste of valuable time of the court, it is not in the interest of justice to continue with the prosecution. Annexure-B affidavit of the second respondent establishes that there was a complete CRMC 3146/09 3 settlement of the disputes and he has no further grievance against the petitioner and he is not intending to proceed with the case further. In such circumstances, it is not in the interest of justice to continue with the prosecution. Petition is allowed. C.C.No.288/2008 on the file of Judicial First Class Magistrate's Court, North Paravur as against the petitioner is quashed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv