IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3091 of 2009()
1. ABDUL JALEEL, AGED 37,
... Petitioner
Vs
1. ABDUL AZEEA, AGED 48 YEARS,
... Respondent
2. STATE OF KERALA, REP. BY THE
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SMT.MARY BEENA JOSEPH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3091 OF 2009
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Dated 6th October 2009
O R D E R
Petitioner is the accused in C.C.112/2008
now pending as L.P.13/2009 on the file of Judicial
First Class Magistrate-II, Perinthalmanna. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings against
the petitioner contending that entire disputes with
first respondent was settled amicably.
2. First respondent appeared through a
counsel and also filed Annexure-A2 affidavit stating
that entire disputes were settled amicably and in
such circumstances, he has no objection for quashing
the proceedings.
3. Learned counsel appearing for petitioner, first respondent and learned Public Prosecutor were heard.
4. Annexure-A1 final report based on which
cognizance for the offence under Sections 341, 323
and 294(b) of Indian Penal Code was taken shows that
prosecution case is that on 16/6/2007 at 7 p.m first
CRMC 3091/09 2
respondent was wrongfully restrained and simple hurt was
caused on him by beating on his face and also uttered
obscene words and thereby committed the offences under
Sections 341, 323 and 294(b) of Indian Penal Code. Except
the offence under Section 294(b) of Indian Penal Code,
the other offences are compoundable under Section 320 of
Code of Criminal Procedure. Offence under Section 294(b)
of Indian Penal Code as alleged is purely personal as
against first respondent. Annexure-II affidavit filed by
first respondent establish that though it is not a
compoundable offence, entire disputes were settled and
first respondent is not intending to proceed with the
case, as he has no subsisting grievance. In such
circumstances, even if petitioner is to be tried, chance
of a successful conviction is very bleak. As held by the
Apex court in Madan Mohan Abbot v. State of Punjab (2008
(3) KLT 19 (SC) in such circumstances, it is not in the
interest of justice to proceed with the case.
Petition is allowed. L.P.13/2009 on the file of
Judicial First Class Magistrate-II, Perinthalmanna is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.