IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4146 of 2009()
1. SULAIMAN, (A1)
... Petitioner
2. SUDHEER KHAN, (A2)
3. SULFEEKHAR, (A3)
Vs
1. THE STATE OF KERALA,
... Respondent
2. SULAIMAN, AGED 45 (CW1)
For Petitioner :SRI.P.M.SANEER
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Crl.M.C.NO.4146 OF 2009
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Dated 23rd December 2009
O R D E R
Petitioners are the accused and
second respondent, the de facto complainant
in C.C.1202/2007 on the file of Judicial
First Class Magistrate-II, Attingal taken
cognizance for the offences under Sections
452, 294(b), 324 and 427 read with Section
34 of Indian Penal Code. Petition is filed
under Section 482 of Code of Criminal
Procedure to quash the proceedings
contending that entire disputes with second
respondent, the de facto complainant who
is also the injured, were settled amicably
out of court and in view of the settlement,
it is not in the interest of justice to
continue the prosecution.
2. Second respondent appeared
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through a counsel and filed an affidavit
stating that entire disputes were settled
amicably and petitioners and second
respondent are now living as friends and in
such circumstances, he has no objection for
quashing the proceedings.
3. Learned counsel appearing for the
petitioners, second respondent and learned
Public Prosecutor were heard.
4. Annexure-A final report shows that
prosecution case is that, in furtherance of
their common intention, petitioners on
11/10/2007 at 12.15 p.m trespassed into the
house where second respondent was residing
and with a chopper inflicted injury on
second respondent and thereby committed the
offences. Offences alleged against
petitioners are purely personal in nature as
against the second respondent. Affidavit
filed by the second respondent establishes
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that entire disputes were settled amicably.
As held by the Apex court in Madan Mohan
Abbot v. State of Punjab (2008 (3) KLT 19
(SC) when the offence against petitioners are
purely personal in nature and there has been
a complete settlement of the disputes by
second respondent, it is not in the interest
of justice to continue the prosecution. When
consequent to the settlement, chance of a
successful prosecution is very bleak and it
would result only in unnecessary waste of
valuable time of the court, it is not in the
interest of justice to continue the
prosecution.
C.C.1202/2007 on the file of Judicial
First Class Magistrate-II, Attingal is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
Crmc 4146/09 4