IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 778 of 2010(F) ------------------------------------ (CRIME NO. 42/2010 OF KARIKOTTAKARI POLICE STATION) ............ PETITIONER/DEFACTO COMPLAINANT: --------------------------------------------------------- C.K.RAGHAVAN, S/O.KRISHNAN, AGED 60 YEARS, CHERIYAKADAVIL HOUSE, CHEMPOTHANADI KAVALA, AYYANKUNNU VILLAGE, KANNUR DISTRICT. BY ADVS. MR.CIBI THOMAS. RESPONDENT/ACCUSED AND STATE: ------------------------------------------------------- 1. K.J.JOSEPH @ OUSEPHACHAN, S/O.JOSEPH, AGED 54 YEARS, KALLAMAKKIL, CHEMPOTHANADI KAVALA, AYYANKUNNU VILLAGE, THALASSERY TALUK, KANNUR DISTRICT. 2. SUB INSPECTOR OF POLICE, KARIKOTTAKARI POLICE STATION. 3. STATE, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.P.K.ANIL, R2 & R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.778 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petitioner is the de facto complainant in crime No.42/2010 of Karikottakari police station registered for the offence under Sections 294(b) and 324 of Indian Penal Code under Annexure-I FIR based on the first information statement of the petitioner recorded by Assistant Sub Inspector of Police, Karikottakari police station. Case in Annexure-I FIR is that petitioner had purchased articles from the shop of the first respondent, the accused, on 15/2/2010 evening and when the payment was made there was altercation of words between the petitioner and first respondent and suddenly first respondent getting Crmc 778/10 2 infuriated on the comment made by the petitioner regarding the death of the wife of first respondent, inflicted injury on the petitioner with a knife. It is alleged that the injury was aimed at the chest of the petitioner but as petitioner defended it with his hands, he caused injury to his hand. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I FIR contending that offences alleged against the first respondent are purely personal in nature and he has settled the dispute with the first respondent, evidenced by Annexure-II agreement, due to the intervention of mediators and therefore, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were Crmc 778/10 3 heard. 3. Learned Public Prosecutor submitted that during investigation finding that the movement of the fingers of the hand of the petitioner was effected, report is filed to incorporate an offence under Section 326 of Indian Penal Code also. 4. First information statement based on which the case was registered, establish that offence alleged against the first respondent are purely personal in nature as against the petitioner. Incident occurred when there was altercation of words between them. It is the injured de facto complainant himself, who approached this court to quash the proceedings contending that he has settled the entire disputes with the first respondent evidenced by Annexure-II agreement for settlement. As held Crmc 778/10 4 by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) consequent to the settlement when chances of successful prosecution is very bleak, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.42/2010 of Karikottakari police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.