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. 862 of 2010() ----------------------------------- CC.840/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-IV, KOZHIKODE .................... PETITIONER(S): ---------------------- SHUBILAL. C.M., AGED 19 YEARS, S/O.SIVARAMAN, CHERUNURI HOUSE, VENGALAM, P.O.ELATHUR, KOZHIKODE. BY ADV. MR.ASHOK KUMAR.T., SMT.K.K.PREETHA. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE. (CRIME FIR NO.453 OF 2009) REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASLAM. E., AGED 22 YEARS, S/O.ABDUL AZIZ, KUTTIKANDY VEEDU, P.O.ARIKULAM, QUILANDY. 3. SAJITH. K.K., AGED 20 YEARS, S/O.RAJAN. K.K., OTHAYOTH HOUSE, ERAMANGALAM, BALUSSERY, KOZHIKODE. 4. MUSHAHID. K.T., AGED 20 YEARS, S/O.MUSTHAFA, KOVILODY THAZHATH HOUSE, ATHOLI POST, KOZHIKODE. 5. VIPIN. P., AGED 18 YEARS, S/O.PURUSHOTHAMAN, THEKKEKARA HOUSE, KARAPARAMBA, KOZHIKODE. Crl.MC.No. 862 of 2010 6. BINEESH. D., AGED 20 YEARS, S/O.BALAKRISHNAN, CHEMBOTTIYIL HOUSE, AGASTIAMUZHI, MUKKOM. 7. SYAM PRASAD. N.P., AGED 18 YEARS, S/O.SHARGADHARAN, NAYARKUZHI PARAMBIL HOUSE, NAYARKUZHI, NIT, CHATHAMANGALAM. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 TO R7 BY ADV. MR.MANJERI SUNDERRAJ. 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.862 OF 2010 ------------------------------------------ Dated 11th March 2010 O R D E R Petitioner is the de facto complainant in C.C.840/2009 on the file of Judicial First Class Magistrate-IV, Kozhikode. Petitioners 2 to 7 are the accused. Learned Magistrate has taken cognizance for the offences under Sections 143, 147, 341 and 323 read with Section 149 of Indian Penal Code on Annexure-1 final report. Prosecution case is that on 3/8/2009 at about 1.30 p.m, the accused who are the students of Government Polytechnic, Kozhikode formed themselves into an unlawful assembly with the common object of causing hurt to the petitioner another student and wrongfully restrained the Crmc 862/10 2 petitioner and caused simple hurt and thereby committed the offences under Sections 143, 147, 341 and 323 read with Section 149 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Annexure-1 final report establishes that offences alleged against the petitioner are purely personal in nature against the petitioner. Petitioner has settled entire disputes with the accused. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) Crmc 862/10 3 KLT 19 (SC) when the offences alleged are purely personal in nature and there has been complete settlement of the disputes with the injured and the accused, it is not in the interest of justice to continue with prosecution. Petition is allowed. C.C.840/2009 on the file of Judicial First Class Magistrate-IV, Kozhikode is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.