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Jamal vs State Of Kerala on 31 March, 2010

Kerala High Court
Jamal vs State Of Kerala on 31 March, 2010
       

  

  

 
 
  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.

           ------------------------------------------
            CRL.M.C.NO.855 OF 2010
           ------------------------------------------
            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.

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