IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3634 of 2010()
1. MOHAMMEDKUNHI, AGED 53 YEARS,
... Petitioner
2. M.K.NAZER, AGED 27 YEARS,
3. K.K.ASHRAF, AGED 27 YEARS,
4. IRSHAD T., AGED 30 YEARS,
Vs
1. STATE - REPRESENTED BY PUBLIC
... Respondent
2. E.L.NAZER, AGED 28 YEARS,
For Petitioner :SRI.K.P.HARISH
For Respondent :SRI.M.REVIKRISHNAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3634 OF 2010
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Dated 5th October, 2010
O R D E R
Petitioners are accused 1,2,3, and
6 in C.C.758/2009 on the file of Judicial
First Class Magistrate’s Court-I, Hosdurg
taken cognizance for the offences under
Sections 143, 147, 148, 457, 380 and 427
read with Section 149 of Indian Penal Code
on Annexure-AII final report submitted by
Sub Inspector of Police. Prosecution case,
as seen from Annexure-AII final report, is
that ten accused formed themselves into an
unlawful assembly with the common object of
causing damage to the Shakha office of
Indian National League at Kooliyangal,
being the members of Indian Union Muslim
League and in furtherance of the common
Crmc 3634/10
2
object, armed with deadly weapons broke
opened the door and threw the furniture and
took away the colour TV and caused loss to the
tune of Rs.10,000/- to Indian National League
and thereby committed the offences. Petition is
filed under Section 482 of Code of Criminal
Procedure to quash the proceedings pending
before the learned Magistrate contending that
subsequently entire disputes were settled
amicably and consequent to the settlement, it
is not in the interest of justice to continue
the prosecution. Petitioners produced
Annexure-AIII agreement entered into by Sakha
committee of Indian National League,
Kooliyangal Shakha whereunder President and
Secretary of Indian Nationl League decided to
withdraw the case and issued a consent letter
and affidavit and agreed to file an affidavit
Crmc 3634/10
3
before this Court. Annexure-AIV consent letter
was also executed by the Secretary of Indian
National League authorizing Irshad to file an
affidavit before this Court. A separate
affidavit was filed by the second respondent
Secretary of Indian National League who is the
de facto complainant stating that entire
disputes were settled amicably and consequent
to the settlement, he is not interested to
continue the prosecution. Second respondent was
represented by a counsel who submitted that
entire disputes were settled amicably.
2. Learned Public Prosecutor on
instructions submitted that the statement
recorded subsequently from the de facto
complainant establishes that the matter has
been settled amicably.
3. Offences alleged against the
Crmc 3634/10
4
petitioners are purely personal in nature
against the office of Shakha of Indian National
League. Affidavit filed by the Secretary of
Shakha committee with Annexure-AIII
agreement 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 disputes were settled
amicably between the parties and offences
alleged are purely personal in nature, it is
not in the interest of justice to continue the
prosecution.
Petition is allowed. C.C.758/2009 on the
file of Judicial First Class Magistrate’s
Court-I, Hosdurg is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.