IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4531 of 2010()
1. SALAHUDHIN, AGED 26 YEARS,S/O.MUHAMMADAL
... Petitioner
2. ASHIF.A.M.AGED 23 YEARS,S/O.MUHAMMADALI
3. ANZAR.C.A.AGED 22 YEARS, S/O.ALIMON,
4. PRADEEP, AGED 26 YEARS, S/O.RAGHAVAN,
5. LANEESH, AGED 29 YEARS,S/O.KESAVAN,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. JOY S/O.POULOSE,
For Petitioner :SRI.P.K.VARGHESE
For Respondent :SRI.E.C.BINEESH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :13/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4531 OF 2010
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Dated 13th December, 2010
O R D E R
Petitioners are the accused and
second respondent, the de facto complainant
in Crime No.638/2010 of Anthikkad Police
Station registered for the offences under
Sections 143, 147, 148, 448, 323, 324, 308
read with Section 149 of Indian Penal Code
on Annexure-I FIR. Second respondent is
the de facto complainant and the injured.
Petition is filed under Section 482 of Code
of Criminal Procedure to quash the
proceedings contending that entire disputes
were settled amicably and consequent to the
settlement, it is not in the interest of
justice to continue the prosecution.
2. Second respondent appeared
Crmc 4531/10 2
through a counsel and filed an affidavit
stating that entire disputes were settled with
the petitioners due to the intervention of
mediators and consequent to the settlement, he
has no objection for releasing the petitioners
on bail or to quash the proceedings.
2. Learned counsel appearing for the
petitioners, second respondent and learned
Public Prosecutor were heard.
3. The case was registered based on the
first information statement of the second
respondent, which reveals that on 27/8/2010 at
about 6.50 a.m, he was attacked by the
petitioners who came there in a red coloured
car and thereafter, inflicted hurt with a
knife. The offence under Section 308 of Indian
Penal Code is allegedly committed, based on the
allegation that if second respondent has not
evaded, when the knife was aimed at his neck,
Crmc 4531/10 3
death would have been caused. The offence
alleged against the petitioners are purely
personal in nature against the second
respondent. Affidavit filed by the second
respondent establishes that he 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 (SC), when the offences
alleged are purely personal in nature against
the second respondent and second respondent has
settled all the disputes with the petitioners,
it is not in the interest of justice to
continue the prosecution.
Petition is allowed. Crime No.638/2010
of Anthikkad Police Station and further
proceedings are quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.