IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 3666 of 2010(A) -------------------------------------- (CRIME NO.102/2010 OF CHAVARA POLICE STATION) .......... PETITIONERS/A1 TO A7: ----------------------------------- 1. SUDHEESH, S/O.VISWANATHAN PILLAI, KALLAMPALLY PADINATTAYIL, CHITOOR MURI, PANMANA VILLAGE, KARUNGAPALLY, KOLLAM DISTRICT. 2. MERYDHASAN, S/O.SEBASTIAN, RESIDING AT JOSEPH COTTAGE, KOVILTHOTTAM MURI, CHAVARA VILLAGE, KARUNGAPALLY, KOLLAM DISTRICT. 3. LINOSE, S/O.SEBASTIAN, RESIDING AT JOSEPH COTTAGE, KOVILTHOTTAM MURI, CHAVARA VILLAGE, KARUNGAPALLY, KOLLAM DISTRICT. 4. SUMESH, AGED 26 YEARS, S/O.FRANCIS, SURESH MANDIRAM, KULANGARA BHAGOM, CHAVARA P.O, KOLLAM DISTRICT. 5. SURESH, AGED 29 YEARS, S/O.FRANCIS, SURESH MANDIRAM, KULANGARA BHAGOM, CHAVARA PO, KOLLAM DISTRICT. 6. BINU, AGED 23 YEARS, S/O.VIJAYAN, THACHEZHUTHU, THOTTINUVADAKKU, CHAVARA P.O, KOLLAM DISTRICT. 7. SHIBU, AGED 28 YEARS,S/O.SANKARANKUTTY, THACHILAZHIKATHU PADEETTATHIL, THOTTINUVADAKKU, CHAVARA P.O, KOLLAM DISTRICT. BY ADV. SRI.B.BIPIN. CRL.M.C. NO. 3666/2010-A: RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. STATE OF KERLA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT., 2. YAMUNA, AGED 32 YEARS, D/O MERCY, RESIDING AT MECHALAYATHIL,CHERUSSERY BHAGAM MURI, CHAVARA VILLAGE, KOLLAM DISTRICT. *ADDL. RESPONDENTS 3 & 4 IMPLEADED: 3. MARYKUTTY, AGED 55 YEARS, W/O. JAMES, RESIDING AT ANILA BHAVANAM, KARALIMUKKU.P.O, KUNNATHOOR TALUK, KOLLAM DISTRICT. 4. ANTONY, AGED 62 YEARS, S/O. AUGUSTINE, RESIDING AT VADAKKADATHU VEEDU, KULANGARA BHAGAM MURI, CHAVARA VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT. *ADDL. RESPONDENTS 3 & 4 ARE IMPLEADED AS PER ORDER DATED 27/10/2010 IN CRL.M.A. NO.6728/2010. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SRI.N.SUNIL JOSEPH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3666 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioners are the accused in Crime 102/2010 of Chavara Police Station registered for the offences under sections 143, 147,148, 447, 452, 506(2) and 323 read with section 149 of Indian Penal Code on Annexure A1 First Information Report, based on the First Information Statement of the second respondent alleging that on 17.1.2010 at about 5 p.m petitioners trespassed into her house by demolishing the gate and entered the kitchen and pointing out a sword into the mouth of her mother-in-law threatened her that she will be murdered and it was due to the enemity with Pradeep, son of the sister of second respondent. This petition is filed under section 482 of Code of Criminal Procedure to Crl.M.C.3666/2010 2 quash the F.I.R and the further proceedings contending that the entire disputes were settled amicably. 2. Respondents 2 to 4 appeared through a counsel and filed separate affidavit stating that they have settled all the disputes with the petitioners and therefore it is not in the interest of justice to continue the prosecution. Learned Public Prosecutor on instructions also submitted that respondents 2 to 4 have settled the disputes with the petitioners and therefore there is no objection for quashing the proceedings. 3. The offences alleged against the petitioners are purely personal in nature against respondents 2 to 4. The respective affidavits filed by respondents 2 to 4 establish that they have settled the entire disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged against the petitioners are purely personal in nature against respondents 2 to 4 and the disputes Crl.M.C.3666/2010 3 were settled amicably between the parties, it is not in the interest of justice to continue the prosecution. Petition is allowed. Annexure A1 F.I.R and the further proceedings in Crime 102/2010 of Chavara Police Station is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006