IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Crl.MC.No. 625 of 2010() ----------------------------------- CC.62/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-V, KOZHIKODE .................... PETITIONERS/ACCUSED ------------------------------------ 1. JANARDHANAN M.K., S/O.ACHUTHAN NAIR, 'BHAVANA', KUNNATHUPALAM, GURUVAYOORAPPAN COLLEGE P.O., CALICUT-14. 2. RAMANKUTTY NAIR M.P., KOLAKOTHU HOUSE, KUNNATHUPALAM, GURUVAYOORAPPAN COLLEGE P.O., CALICUT-14. 3. RAJAN, PARAKANDY MEETHAL, KUNNATHUPALAM, GURUVAYOORAPPAN COLLEGE P.O., CALICUT-14. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE. 2. U.N.RADHA, D/O.BHASKARAN, 'BHAVAN', OLAVANNA AMSOM, IRINGALLUR DESOM, KUNNATHUPALAM, KOZHIKODE TALUK. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY ADV. MR.HANSON P.MATHEW. R1 & R3 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.625 OF 2010 ------------------------------------------ Dated 11th March 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant and also the injured in C.C.62/2005 on the file of Judicial First Class Magistrate-V, Kozhikode. Prosecution case is that in furtherance of their common intention petitioners, on 1/8/2004 at about 10 a.m, caused grievous hurt to second respondent and also hurt by beating her with iron rod and causing fracture of her left hand and left leg and thereby committed offences under Sections 341, 323, 324 and 326 read with Section 34 of Indian Penal Code. Second respondent and first petitioner are husband and wife. Petition is filed under Crmc 625/10 2 Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that subsequently entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed affidavit stating that entire disputes with the petitioners were amicably settled and she has no subsisting grievance against the petitioners and consequent to the settlement she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. Crmc 625/10 3 4. Learned Public Prosecutor submitted that statement of the second respondent recorded subsequently establishes that there has been an amicable settlement of all the disputes. Affidavit filed by second respondent establishes that entire disputes with the petitioners were amicably settled. Final report itself establishes that incident arose consequent to the disputes between first petitioner and his wife, second respondent. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC ) when offence alleged against petitioners are purely personal in nature against second respondent and second respondent has settled the disputes with first petitioner, it is not in the interest of justice to continue the Crmc 625/10 4 prosecution, especially when consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. C.C.62/2005 on the file of Judicial First Class Magistrate-V, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.