High Court Kerala High Court

Jayendran.P.M.Pullarkatt Veedu vs State Of Kerala Rep By:Public … on 18 August, 2009

Kerala High Court
Jayendran.P.M.Pullarkatt Veedu vs State Of Kerala Rep By:Public … on 18 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2489 of 2009()


1. JAYENDRAN.P.M.PULLARKATT VEEDU,
                      ...  Petitioner
2. SUDHESH P.K.PAMPADY VEEDU,CHERAYI.PO,
3. VENU.KATHANAPARAMBUVEETTIL,THANNIPADAM,
4. SREEMON.P.G,VALIYAKULAM VEEDU,PALLIPURAM
5. ROSHIN.V.M.VALIYAKULAM VEEDU,
6. MAHESH.P.S,PONAMMAMCHERRY VEEDU,
7. AJIN P.A.PERUMANA VEEDU,CHERAYI.P.O,
8. SUDHEESH A.N.ALINGAL VEEDU,PALLIPURAM.PO

                        Vs



1. STATE OF KERALA REP BY:PUBLIC PROSECUTOR
                       ...       Respondent

2. HARI,S/O.KUNJAN,NIKATHIL VEEDU,NJARACKAL

3. DANISH,S/O.VIJAYAN,PUTHUVELI VEETIL,

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  :SMT.C.SEENA

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/08/2009

 O R D E R
               M.Sasidharan Nambiar, J.
              --------------------------
                Crl.M.C.No.2489 of 2009
              --------------------------

                         ORDER

Petitioners are the accused in C.C.No.705/2008 on

the file of Judicial First Class Magistrate’s Court,

North Paravur. Prosecution case is that petitioners

formed themselves into unlawful assembly on 1.6.2008 at

about 7 p.m. and in furtherance of their common object,

attacked second respondent Hari and inflicted injury on

him and when third accused intervened, he was also

beaten and hurt was caused to him and thereby

petitioners committed offences under Sections 143, 147,

148, 323 and 324 read with Section 149 of Indian Penal

Code. This petition is filed under Section 482 of Code

of Criminal Procedure to quash the case contending that

the entire disputes with respondents 2 and 3 were

amicably settled and in such circumstances, it is not,

in the interest of justice, to proceed with the case.

2. Respondents 2 and 3 appeared through a counsel

and filed separate affidavits stating that all the

disputes with the petitioners were amicably settled and

in such circumstances, they have no objection for

CRMC 2489/09 2

quashing the proceedings.

3. Learned counsel appearing for the petitioners,

respondents 2 and 3 and learned Public Prosecutor were

heard.

4. Annexure-1 final report shows that the

allegation against the petitioners is that they formed

themselves into unlawful assembly and caused hurt to

third respondent by beating with hands and kicking with

legs and caused hurt to second respondent by hitting

with a stone and thereby committed the alleged

offences. When injuries are minor and the disputes with

the petitioner and respondents 2 and 3 were amicably

settled, as held by the Apex Court in Madan Mohan Abbot

v. State of Punjab (2008 (3) KLT 19), it is not in the

interest of justice to proceed with the case further,

when, consequent to the settlement, chances of a

successful prosecution is very bleak.

Petition is allowed. C.C.No.705/2008 on the file

of Judicial First Class Magistrate’s Court, North

Paravur is quashed.

18th August, 2009 (M.Sasidharan Nambiar, Judge)
tkv