IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4789 of 2010() ----------------------- CRIME NO. 611/2010 OF CHENGAMANAD POLICE STATION ............................... PETITIONERS / ACCUSED NO.1 AND 2: ------------------------------------------------------- 1. SABU, S/O.MATHAI, RESIDING AT THETTAYIL HOUSE, MEKKADU KARA, CHENGAMANAD. 2. SAJU, RESIDING AT POIKKATTUSSERY, CHENGAMANAD. BY ADV. SRI.G.SANTHOSH KUMAR RESPONDENTS / COMPLAINANTS: -------------------------------------------------- 1. JOBI JOHN, S/O.YOHANNAN, KOORAN HOUSE, KARAKKATTU KUNNU, NEAR SNDP, MEKKADU KARA, NEDUMBASSERY VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI. M.C. ANISH R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, ALONG WITH CRMC NO. 4796 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4789 & 4796 OF 2010 =========================== Dated this the 17th day of December,2010 ORDER Petitioners are the accused in Crime 611/2010 and 610/2010 of Chengamanad Police Station registered for the offences under sections 286 and 506(ii) read with section 34 of Indian Penal Code and 286, 506(ii) and 427 read with section 34 of Indian Penal Code respectively. First respondent is the respective de facto complainant. Petitions are filed under section 482 of Code of Criminal Procedure to quash the F.I.R and further proceedings contending that entire disputes were settled amicably. 2. First respondent appeared through a counsel and filed affidavits in the respective petitions stating that entire disputes were Crl.M.C. 4789 & 4796 of 2010 2 settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. The allegation in both the cases is that in furtherance of the common intention petitioners threw fire crackers and created fear in the mind of the first respondent that he will be killed. Additionally in Crime 610/2010 it is alleged that the fire crackers were thrown after committing trespass. The affidavits filed by first respondent establish that entire disputes were settled amicably. As held by by the Apex court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged are purely personal in nature and the disputes were settled amicably, it is not in the interest of justice to continue the prosecution as there is no likelihood of a successful prosecution consequent to the settlement. Petitions are allowed. Crime 611/2010 and 610/2010 of Chengamanad Police Station registered Crl.M.C. 4789 & 4796 of 2010 3 on Annexure A1 F.I.Rs are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006