High Court Kerala High Court

Baiju vs State Of Kerala Represented By The on 6 January, 2010

Kerala High Court
Baiju vs State Of Kerala Represented By The on 6 January, 2010
       

  

  

 
 
  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.
          ===========================
           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.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006