IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Crl.MC.No. 3853 of 2010() ------------------------------------- CRIME NO.352/2010 OF THRIKODITHANAM POLICE STATION, KOTTAYAM DIST. .................... PETITIONER/ACCUSSED - A1 TO 2: --------------------------------------------------- 1. RAFI, AGED 33 YEARS, S/O.ABDUL RAZAK, REENA MANZIL, MULAKUZHA MURI, MULAKUZHA VILALGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. HUSSAIN RAWTHER, AGED 60 YEARS, S/O.MUSTHAFA RAWTHER, NUZAIBA MANZIL, PUNNALA MURI, VENMANY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MUTHUBEEVI, W/O.R.M.SALIM, AGED 54 YEARS, KULATHUMATTILVEETIL, NEAR PUTHOOR PALLI, CHENGANASSERY VILLAGE, NOW RESIDING AT PUTHENPARAMBILVEETIL, POTTASERRY VATTAMALA KUNNU MURI, THIRIKODITHANAM VILLAGE, CHENGANNUR TALUK. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. SRI.P.V.DILEEP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3853 OF 2010 --------------------------------------------- Dated 8th October, 2010 O R D E R Petitioners are accused 1 and 2 in Crime No.352/2010 of Thrikodithanam Police Station registered under Annexure-A FIR on the first information statement of the second respondent, for the offences under Sections 143, 147, 452, 506(i) and 427 read with Section 149 of Indian Penal Code. Allegation in the FI statement is that second respondent is the tenant of the first petitioner and after expiry of the period of lease, second respondent was permitted to continue till 30/5/2010 and on the night of 30/5/2010, while second respondent was packing the articles to shift the house, under the leadership of the petitioners who are Crmc 3853/10 2 landlord and his wife, about eight people trespassed into the house and compelled the second respondent to vacate the building immediately and caused damages to the household articles and they threw the articles outside the house and also threatened second respondent and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings contending that entire disputes were settled amicably with the second respondent. 2. Second respondent appeared through a counsel and filed a joint statement to the effect that entire disputes were settled amicably and consequent to the settlement second respondent is not interested to continue the case and she has no objection for quashing Crmc 3853/10 3 the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. It is clear from Annexure-A FIR and the FI statement that offence alleged against the petitioners are purely personal in nature. Joint statement filed by the second respondent, with the petitioners establish that entire disputes were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) though all the offences are not compoundable, when it is established that offences alleged against the petitioners are purely personal in nature against the second respondent and second respondent has settled the dispute with the petitioners, it is not in the interest of Crmc 3853/10 4 justice to continue the prosecution. Hence petition is allowed. Crime No.352/2010 of Thrikodithanam Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.