IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4734 of 2010() ---------------------------------- CC.595/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM CRIME NO.114/2007 OF FORT COURT- II, POLICE STATION. .................... PETITIONER(S): ACCUSED 1 TO 3 ----------------------------------------------- 1. SREEJITH @ RAJEEV,S/O.SREEKUMAR, T.C.73/2311,MELPALLIVILAKATHU RAGINI NIVAS, J.P.NAGAR HOUSE NO.5,PERUNTHANNI,PETTA VILLAGE. 2. USHA KUMARI,D/O.BHAVANI AMMA,T.C.36/1413 MELPALLIVILAKATHU RAGINI NIVAS,J.P.NAGAR HOUSE NO.5,PERUNTHANNI,PETTA VILLAGE. 3. BINDU,D/O.RADHA,T.C.36/1412, MELPALLIVILAKATHU RAGINI NIVAS,J.P.NAGAR HOUSE NO.5,PERUNTHANNI,PETTA VILLAGE. BY ADVS. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENT(S): STATE & DEFACTO- COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE INSPECTOR OF FACTORIES& BOILERS, GR.II, THIRUVANANTHAPURAM, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2. MUTHULAKSHMI, W/O. PADMAKUMAR, T.C. 36/1414, SIVAPARVATHI NIVAS, J.P.NAGAR, PERUNTHANNI, PETTA VILLAGE 695 001. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 BY ADV. SRI.MOHAMMED SHAMEEL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4734 OF 2010 =========================== Dated this the 2nd day of December,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.595/2007 On the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram taken cognizance for the offences under sections 323, 324, 341 and 354 read read with section 34 of Indian Penal Code on Annexure 2 final report. Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably with the second respondent. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled with the Crl.M.C.4734/2010 2 petitioners and she has no grievance against the petitioners and therefore she has no interest to prosecute the case. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Annexure 1 final report shows that prosecution case is that on 13.2.2007 at 9 p.m petitioners with the intention to wrongfully assault the second respondent, restrained her in front of her house at a pathway and caught hold of her arms, assaulted her, pushed her to the ground and caused hurt and thereby committed the offences under section 323, 324, 341 and 354 read with section 34 of Indian Penal Code. The offences alleged are purely personal in nature against the second respondent. The affidavit filed by second respondent establishes that she has settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) when offences alleged against the Crl.M.C.4734/2010 3 petitioners are purely personal in nature against second respondent and second respondent has settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C. 595/2007 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006