IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 238 of 2010()
1. PRASAD KUMAR, S/O.SREEKUMAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SASIDHARAN, S/O.SUKUMARA PANIKER,
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :25/02/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.238 OF 2010
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Dated 25th February 2010
O R D E R
Petitioner is the accused and
second respondent the de facto complainant
in C.C.260/2009 on the file of Judicial
First Class Magistrate, Kattakada, taken
cognizance for the offences under Sections
323, 326 and 506(ii) of Indian Penal Code
on Annexure-A3 final report. Prosecution
case is that on 20/10/2009 at 9.30 a.m
petitioner, due to enmity regarding
matrimonial disputes and pendency of the
case before the Family court regarding
marriage of the petitioner with Asha,
daughter of second respondent, caused
grievous hurt by beating him with a stick
and thereby committed the offences.
Crmc 238/10
2
Petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings
contending that entire disputes were settled
amicably with the second respondent and in view
of the settlement, it is not in the interest of
justice to continue the prosecution.
2. Second respondent appeared through a
counsel and filed an affidavit stating that
entire disputes were settled amicably and
consequent to the settlement, he has no
objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioner, second respondent and learned
Public Prosecutor were heard. Learned Public
Prosecutor also submitted that statement of the
second respondent recorded revealed that
disputes were settled.
4. Offences alleged against petitioners
are purely personal in nature against second
respondent. Prosecution case itself is that
Crmc 238/10
3
second respondent was attacked by the
petitioner, consequent to his matrimonial
disputes with the daughter of second
respondent. Affidavit filed by the second
respondent establishes that entire disputes
were settled. As held by the Apex court in
Madan Mohan Abbot v. State of Punjab (2008 (3)
KLT 19 (SC) when offences alleged against the
petitioner are purely personal in nature,
against second respondent and second respondent
has amicably settled the disputes with the
petitioner, it is not in the interest of
justice to continue the prosecution.
Petition is allowed. C.C.260/2009 on the
file of Judicial First Class Magistrate,
Kattakada is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.