IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Crl.MC.No. 105 of 2008() ---------------------------------- CC.1114/2002 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KOLLAM .................... PETITIONERS/ACCUSED NOS 1,2,3,AND 5 ----------------------------------------------------------- 1. SUDHAKARAN, S/O KESAVAN, SREEVIHAR, MANTROTHURUTHU VILLAGE, PERUMON POST, KOLLAM. 2. BINU, S/O SUDHAKARAN, DO.DO. 3. BIJU, S/O DO. DO. 4. MOHAN, S/O RAMAN, SREEVILASAM, MANTROTHURUTHU, PERUMON POST, KOLLAM. BY ADV. MR.T.M.CHANDRAN MR.S.SUJITH MR.V.A.SASIDHARAN MR.JOSEPH ALBIN NEDUNTHALLY RESPONDENTS/STATE/DEFACTO COMPLAINANT ----------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER, EAST KALLADA POLICE STATION, KOLLAM. 3. SOORYAKUMAR, S/O SHANMUGHAN, SHANMUGHA VILASOM HOUSE, PEZHUMTHURUTHCHERI, MANTROTHURUTHU, KOLLAM. R1 & R2 BY PUBLIC PROSECUTOR MR.K.J. MUHAMMED ANSAR. R3 BY SRI.V.MADHUSUDHANAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.105 OF 2008 ------------------------------------------ Dated 4th November 2009 O R D E R Petitioners are accused 1,2,3 and 5 in C.C.1114/2002 on the file of Judicial First Class Magistrate-I, Kollam taken cognizance for the offences under Sections 143, 147, 148, 341, 323, 324 and 294 (b) read with Section 149 of Indian Penal Code. Prosecution case is that on 7/4/2002 at about 2 p.m all the accused formed themselves into an unlawful assembly wrongfully restrained third respondent and inflicted injuries by beating with hands and torch and also abused him and thereby committed the offences. Third respondent had filed C.M.P.3462/2002 before Judicial First Class Magistrate-I, Kollam against the accused which was sent for investigation under Section 156(3) of Code of Criminal Procedure, based on which Annexure-II FIR was registered and after investigation Annexure-III final report was filed. This petition is filed under Section 482 of Code of Criminal Procedure to quash the final report Crmc 105/08 2 as well as the proceedings contending that fourth accused is no more and the case is only a counter case and the main case was disposed and petitioners did not commit any offence and therefore continuation of the proceedings is only an abuse of process of the court. 2. When the case was pending, third respondent de facto complainant filed an affidavit stating that entire disputes were amicably settled and even if, petitioners are to be tried, there is no likelihood of a conviction and if it is quashed, peace and tranquility now existing between the parties will remain in tact and therefore, third respondent does not want to prosecute the case further and he is withdrawing all the allegations raised in his complaint and therefore, the case is to be quashed. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 4. Annexure-III final report shows that offences alleged against the accused are purely Crmc 105/08 3 personal in nature. Affidavit filed by the third respondent shows that in view of the settlement he is not having any grievance against the accused and realising that if accused are to be tried there is no likelihood of a conviction, to preserve the cordiality and peace the case is to be quashed. In such circumstances, when consequent to the settlement there is no likelihood of a conviction, even if petitioners are to be directed to undergo ordeal of a trial, it is not in the interest of justice to continue the prosecution especially when the very case was registered and prosecuted at the instance of the third respondent. Petition is allowed. C.C.1114/2002 on the file of Judicial First Class Magistrate-I, Kollam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.