IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 19 of 2010()
1. BAIJU, AGED 29 YEARS, S/O.UBALD,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. ABHIRAJ, AGED 25 YEARS,
For Petitioner :SRI. K.SHAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/01/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 19 OF 2010
===========================
Dated this the 6th day of January,2010
ORDER
Petitioner is the first accused in
C.C.1546/2007 on the file of Judicial First
Class Magistrate Court-I, Kollam. Second
respondent is the de facto complainant who is
also the injured. Prosecution case is that on
25.6.2007 at about 4-30 p.m on the belief that
second respondent had disclosed that the
accused would burn AKG Club, Karipuzha in
furtherance of their common intention they
attacked second respondent and wrongfully
restrained him and scolded using obscene words
and caused grievous hurt and thereby committed
the offences under sections 294(b), 341,323,
and 326 read with section 34 of Indian Penal
Code. This petition is filed under section 482
of Code of Criminal Procedure to quash the
Crl.M.C.19/2010 2
proceedings as against the petitioner contending
that entire disputes with the second respondent
were settled amicably and second respondent has no
grievance against the petitioner and therefore the
proceedings is to be quashed. Annexures 3 and 4
affidavits of the eye witnesses were also filed to
show that petitioner was not involved in the
incident. Second respondent appeared through a
counsel and filed an affidavit stating that the
disputes with the petitioner were settled amicably
and he has no grievance against the petitioner and
in such circumstances, he has no objection for
quashing the proceedings.
2. Learned counsel appearing for petitioner,
second respondent and learned Public Prosecutor
were heard.
3. Annexure A1 final report shows that the
offences alleged against petitioner are purely
personal in nature as against second respondent.
The affidavit filed by second respondent
Crl.M.C.19/2010 3
establishes that there has been an amicable
settlement of the disputes with the petitioner. As
held by the Apex Court in Madan Mohan Abbot v.
State of Punjab (2008(3) KLT 19 when there has been
a complete settlement of the disputes with the
injured and the accused, it is not in the interest
of justice to continue the prosecution especially
when consequent to the settlement there is no
likelihood of a successful prosecution.
Petition is allowed. C.C.1546/2007 on the file
of Judicial First Class Magistrate’s Court, Kollam
as against the petitioner is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006