IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3689 of 2010()
1. SREEDHARA,AGED 26 YEARS,
... Petitioner
Vs
1. CHOWKARU @ ANNU,S/O.THUKRA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. STATE, REP.PUBLIC PROSECUTOR,HIGH COURT
For Petitioner :SRI.P.K.ANIL
For Respondent :SMT.T.J.SEEMA
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3689 OF 2010
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Dated 20th September, 2010
O R D E R
Petitioner is the accused in crime
No.346/2010 of Manjeshwar Police Station
registered for the offences under Sections
324 and 308 of Indian Penal Code on
Annexure-I FIR based on the first information
statement of first respondent, the injured.
Petition is filed under Section 482 of Code of
Criminal Procedure to quash the pending
proceedings contending that entire disputes
with the first respondent were settled
amicably.
2. First respondent appeared through
a counsel and filed a joint petition with the
petitioner stating that entire disputes were
settled amicably and therefore, offences are
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to be permitted to be compounded.
3. Learned counsel appearing for the
petitioner, first respondent and learned Public
Prosecutor were heard.
4. Learned Public Prosecutor made
available the case diary which contains the
wound certificate of the injured. Annexure-I
FIR shows that case of the first respondent in
the first information statement is that on the
evening of 30/4/2010 at about 6.30 p.m first
respondent had gone to the school varandha at
Muligadde for consuming liquor and on his way
petitioner asked for Rs.500/- and the first
respondent refused to pay that amount. Later,
while first respondent was consuming liquor
petitioner came there and questioned first
respondent why he not pay the amount demanded
and stabbed on his face and head and thereby
Crmc 3689/10
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committed the offences. Though an offence
under Section 308 of Indian Penal Code is
alleged, the wound certificate shows that the
only grievous hurt caused was on the pinna of
the ear.
5. Considering the facts disclosed in
Annexure-I with the nature of the injuries
stated in the wound certificate made available
by the Public Prosecutor, it is clear that an
offence under Section 308 of Indian Penal Code
is not attracted. The offence under Section 324
of Indian Penal Code alleged against the
petitioner are purely personal in nature
against the first respondent. Joint statement
filed by the first respondent with the
petitioner establishes that he has settled the
entire disputes with the petitioner. As held
by the Apex court in Madan Mohan Abbot v. State
Crmc 3689/10
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of Punjab (2008 (3) KLT 19 (SC) when the
offences alleged against the petitioner are
purely personal in nature and there has been
settlement of all the disputes between the
petitioner and first respondent, it is not in
the interest of justice to continue the
prosecution.
Petition is allowed. Crime No.346/2010
of Manjeshwar Police Station is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.