IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 855 of 2010()
1. JAMAL, AGED 45, S/O.ABDULLAKUTTY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. TOMY, AGED 49 YEARS,
For Petitioner :SRI.P.A.IBRAHIM
For Respondent :SRI.R.KRISHNAKUMAR (CHERTHALA)
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :31/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.855 OF 2010
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Dated 31st March 2010
O R D E R
Petitioner is the accused and
second respondent the de facto complainant,
who is also the injured in C.C.646/2009 on
the file of Judicial First Class
Magistrate, North Paravur taken cognizance
for the offences under Sections 448, 323
and 294(b) 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 entire disputes were
settled amicably between petitioner and
second respondent and therefore, it is not
in the interest of justice to continue the
prosecution.
Crmc 855/10
2
2. Second respondent appeared through a
counsel and filed an affidavit stating that the
incident occurred at 3.30 p.m on 21/3/2009
when petitioner was under the influence of
liquor and subsequently due to the intervention
of friends, entire disputes were settled and he
and the petitioner are living as friends and
therefore, it is not in the interest of justice
to continue the prosecution.
3. Learned counsel appearing for the
petitioner, second respondent and learned
Public Prosecutor were heard.
4. Prosecution case is that on
21/3/2009 at about 3.30 p.m petitioner
trespassed into the residential house of the
second respondent and caused hurt after
scolding using abusive language and thereby
committed the offences. Offences alleged are
Crmc 855/10
3
purely personal in nature as against the second
respondent. Affidavit filed by the second
respondent establishes that entire disputes
were settled amicably. As held by the Apex
court in Madan Mohan Abbot v. State of Punjab
(2008 (3) KLT 19 (SC), when the offences
alleged are purely personal in nature and
disputes were settled amicably between
petitioner and second respondent, it is not in
the interest of justice to continue the
prosecution.
Petition is allowed. C.C.646/2009 on the
Judicial First Class Magistrate, North Paravur
is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.