IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1809 of 2009()
1. PRAKASH, S/O.SOMANATHAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. VIMAL KUMAR, S/O.BHASKARAN NAIR, (CW1),
For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR
For Respondent :SRI. VINOD
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/06/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1809 OF 2009
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Dated 5th June 2009
O R D E R
Petitioner is the sole accused in
C.C.255/2008 on the file of Judicial First Class
Magistrate-III, Thiruvananthapuram now pending as
L.P.153/2001 on the failure of petitioner to appear.
Annexure-A final report shows that the offence
alleged is under Section 324 and 506(ii) of Indian
Penal Code and it is purely of personal nature and
committed against second respondent/complainant. The
dispute between the petitioner and second respondent
was subsequently settled between them. This petition
is filed under Section 482 of Code of Criminal
Procedure to quash the proceedings consequent to
settlement.
2. As the offence under Section 506(ii),
which is punishable for imprisonment which may be
extended to seven years, is not compoundable this
petition is filed to quash the proceedings.
3. Second respondent appeared through a
CRMC 1809/09
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counsel. He has filed an affidavit stating that his
dispute with the petitioner has already been settled
and at present there is no dispute and no public policy
is effected by the settlement and he does not want
to continue with the prosecution. Learned counsel
appearing for second respondent also submitted that the
matter has been settled and second petitioner is not
intending to proceed with the case.
4. In such circumstances, when the offence
alleged against the petitioner is purely of personal
nature and the matter has been settled between the
parties, it is not in the interest of justice to
proceed with the trial and thereby unnecessarily waste
the valuable time of the court, when the prospect of a
successful prosecution is almost bleak.
In such circumstances, petition is allowed.
C.C.255/1998 now pending as L.P.153/2001 on the file
of Judicial First Class Magistrate-III,
Thiruvananthapuram is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
CRMC 1809/09
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