IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 483 of 2010()
1. HANEEF, AGED 39 YEARS,
... Petitioner
2. KAYANJI @ ABDUL KHADER,
3. MAJEED @ ABDUL MAJEED,
4. ANSAF, AGED 25 YEARS,
5. RAFEEQ, AGED 23 YEARS,
6. BASHEER, AGED 22 YEARS,
7. SIDIQUE, AGED 27 YEARS,
8. ISMAIL, AGED 51 YEARS,
9. ALI, AGED 25 YEARS,
10. MAMMAD,
11. A.S.ANSAF,
Vs
1. ALI ABDULKHADER,
... Respondent
2. K.H.ABOOBACKER,
3. STATE, REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.S.R.SREEJITH
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/02/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.483 OF 2010
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Dated 22nd February 2010
O R D E R
Petitioners are the accused in
C.C.943/2007 on the file of chief Judicial
Magistrate’s court, Kasaragod. Prosecution
case is that on 13/7/2007 at about 5.50 p.m
petitioners formed themselves into an
unlawful assembly, with the common object
of causing hurt and damages, and in
furtherance of the common object armed with
deadly weapons like iron rod stopped Maruti
Omni Van KA-19/MF-2097 being driven by the
first respondent by blocking the road with
Maruti car KL-14B.2247 and motor cycle
KL-14D.9262 and with iron road first
accused hit on the face, chest and hands
of the first respondent and caused grievous
Crmc 483/10
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hurt and second accused showing knife
threatened that he will be murdered and they
caused damages to the Maruti van of first
respondent to the tune of Rs.8,150/- and
thereby committed offences under Sections 143,
147, 148, 341, 323, 326, 506(ii) and 427 read
with Section 149 of Indian Penal Code. Petition
is filed under Section 482 of Code of Criminal
Procedure to quash the proceedings pending
before the learned Magistrate contending that
subsequently there was an amicable settlement
of all the disputes with respondents 1 and 2
and they have no subsisting grievance as
against the petitioners and therefore, as held
by the Apex court in Madan Mohan Abbot v. State
of Punjab (2008 (3) KLT 19 (SC), it is not in
the interest of justice to continue the
prosecution and therefore, case is to be
Crmc 483/10
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quashed.
2. Respondents 1 and 2 appeared
through a counsel and filed a joint petition
along with the petitioners stating that there
was amicable settlement of all the disputes and
they are all now friends and respondents 1 and
2 have absolutely no surviving grievance
against the petitioners and they have no
objection to quash the proceedings.
3. Learned counsel appearing for the
petitioners, respondents 1 and 2 and learned
Public Prosecutor were heard.
4. Learned Public Prosecutor submitted
that statement of respondents 1 and 2 were
subsequently recorded and their statements also
revealed that there was amicable settlement and
respondents 1 and 2 have no surviving
grievance against the petitioners.
Crmc 483/10
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5. As held by the Apex court in Madan
Mohan Abbot’s case (supra) even though offences
are not compoundable, when there was an
amicable settlement of all the disputes between
the injured and the accused and consequent to
the settlement there is no likelihood of a
successful prosecution, it is not in the
interest of justice to continue the prosecution
especially when prosecution would result only
in unnecessary waste of valuable time of the
court.
Petition is allowed. C.C.943/2009 on
the file of Chief Judicial Magistrate’s court,
Kasaragod is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.