IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3606 of 2010()
1. MUHAMMED KUHNI, S/O. C.K.MUSTHAFA,
... Petitioner
2. P.V.NISSAR, S/O. C.K.MUSTHAFA,
3. MUHAMMED JABIR, S/O.C.K.MUSTHAFA,
4. SHOUKATH K.M., S/O UMMER,
5. AMEER.K.M., S/O. MUHAMMED KUNHI,
Vs
1. MUHAMMED ASEEM.P.V.,
... Respondent
2. STATE OF KERALA, REPRESENTED BY PUBLIC
For Petitioner :SRI.ZUBAIR PULIKKOOL
For Respondent :SRI.P.S.BINU
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.3606 OF 2010
===========================
Dated this the 17th day of September,2010
ORDER
Petitioners are the accused in Crime
No.334/2010 of Pazhayangadi Police Station
registered for the offences under sections
143,147,148, 323, 324 and 506(i) read with
section 149 of Indian Penal Code on Annexure I
F.I.R based on the First Information Statement
of the first respondent. The allegation in
Annexure I First Information Statement is that
on 4.8.2010 at about 9.30 p.m, when as usual
first respondent reached his tharwad house and
was talking with the relatives, at about 10.30
p.m first petitioner the brother of the elder
sister of the father of the first respondent
came there. When first respondent opened the
door and got out of the house, first petitioner
under the pretext that something is to be told
Crl.M.C.3606/2010 2
to the first respondent took him to the road.
Second petitioner, brother of the first petitioner
and the other petitioners were also present. They
warned first respondent that he shall not go to
Mayoor lodge. The third petitioner caught hold of
the hands of the first respondent and wrongfully
restrained him and beat him and kicked him.
second petitioner with some weapon cut the pinna of
his left ear. When first respondent cried and
tharwad members came there petitioners went away.
They took him to the hospital. Petitioners
thereby committed the offences. This petition is
filed under section 482 of the Code of Criminal
Procedure to quash the proceedings contending that
entire disputes were settled with the first
respondent and consequent to the settlement, it is
not in the interest of justice to continue the
prosecution.
2. First respondent appeared through a counsel
and filed an affidavit stating that he and the
petitioners are close relatives and the incident
Crl.M.C.3606/2010 3
occurred when there was dispute with regard to
Mayoor lodge and the first respondent had
apprehended that petitioners would lodge a case
against him and later entire disputes were settled
at the intervention of elder members of the family
and consequently first respondent settled entire
disputes with the petitioners and has no intention
to pursue the case and therefore the case is to be
withdrawn.
3. Learned Public prosecutor on instruction
submitted that subsequently based on the wound
certificate an offence under section 326 of Indian
Penal Code is also incorporated and the case is
being investigated.
4. Learned counsel appearing for the
petitioner, the first respondent and the learned
Public Prosecutor were heard.
5. Annexure I F.I.R with the First Information
Statement establishes that the offences alleged
against petitioners are purely personal in nature
against the first respondent and the dispute arose
Crl.M.C.3606/2010 4
ue to a dispute regarding Mayoor lodge between
the petitioners and first respondent, who are close
relatives. The affidavit filed by the first
respondent establishes that subsequently entire
disputes were settled amicably. As held by the
Apex Court in Madan Mohan Abbot v. State of Punjab
(2008(3) KLT 19) when the offences alleged against
the petitioners are purely personal in nature as
against the first respondent and the first
respondent has filed an affidavit stating that the
entire disputes were amicably settled, it is not in
the interest of justice to continue the prosecution
as it will serve no purpose consequent to the
settlement.
Petition is allowed. Crime 334/2010 of
Pazhayangadi Police Station is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006