IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2648 of 2009()
1. AJEESH, S/O.RAMACHANDRAN,
... Petitioner
2. SUNIL, S/O.SREEDHARAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. C.K.RATHEESAN, AGED 23 YEARS,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.K.P.SUDHEER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/08/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.2648 OF 2009
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Dated 21st August 2009
O R D E R
Petitioners are accused 4 and 5 in
C.C.138/2004 on the file of Judicial First Class
Magistrate, Ottapalam. Case against all the accused
is that they committed offences under Sections 143,
147, 148, 323 and 324 read with Section 34 of Indian
Penal Code. This petition is filed under Section 482
of Code of Criminal Procedure to quash C.C.138/2004
and the further proceedings as against the petitioners
contending that the dispute with second respondent,
the injured defacto complainant was amicably settled.
2. Second respondent appeared through a
counsel and also filed Annexure-A3 affidavit stating
that he is the injured defacto complainant and due to
intervention of mediators the entire disputes were
settled and he is not interested in further
prosecuting the petitioners and they are now keeping
friendship and in such circumstances, it is not in the
interest of justice to continue the prosecution.
CRMC 2648/09
2
3. Learned counsel appearing for
petitioners and second respondent and learned Public
Prosecutor were heard.
4. Annexure-A3 affidavit of second
respondent and submission of the learned counsel
appearing for second respondent establish that there
was complete settlement of all the disputes with the
petitioners. In such circumstances, as held by the
Apex court in Madan Mohan Abbot v. State of Punjab
(2008 (3) KLT 19 (SC) it is not in the interest of
justice to proceed with the case further, when
consequent to the settlement chance of a successful
prosecution is very bleak.
Petition is allowed. C.C.138/2004 on the
file of Judicial First Class Magistrate, Ottapalam as
against the petitioners is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.