IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4215 of 2010()
1. SAJI,S/O.CHELLAPPAN, AGED 39 YEARS,
... Petitioner
2. DINI, W/O.SAJI, AGED 32 YEAS,
3. OMANA, W/O.APPUKKUTTAN, AGED 65 YEARS,
Vs
1. MOLY @ SUSAMMA JOSEPH, AGED 51 YEARS,
... Respondent
2. STATE OF KERALA,REPRESENTED BY THE
For Petitioner :SRI.M.T.SURESHKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/11/2010
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C No.4215 OF 2010
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Dated this the 16th day of November, 2010.
O R D E R
Petitioners are the accused in C.C.No.380 of 2009 on the file
of Judicial Magistrate of First Class Court, Thiruvalla taken
cognizance for the offences under Sections 451, 354, 506 (1) and
323 r/w 34 of Indian Penal Code on Annexure-2 final report
submitted by the Sub Inspector of police Keezhuvaipoor police
station. Prosecution case is that on morning of 2.4.2009, in
furtherance of their common intention, petitioners trespassed in
the sit out of the house of first respondent and with the intention
to outrage her modesty, caught hold of the nighty worn by the
first respondent and accused kicked on her abdomen and
threatened her when she fell down on the ground and thereby
committed the offences. Petition is filed under Section 482 of
Code of Criminal Procedure to quash the proceedings contending
that entire disputes were settled amicably 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 the entire disputes with the petitioners were
settled amicably and consequent to the settlement she has no
Crl.M.C No.4215 OF 2010 2
intention to prosecute the case further and if the prosecution is
continued it will jeopardize the cordial relationship with the
petitioners and in such circumstances the case is to be quashed.
3. Learned counsel appearing for the petitioners, first
respondent and learned Public Prosecutor were heard.
4. The final report establishes that offences alleged against
the petitioners are purely personal in nature against the first
respondent. The affidavit filed by first respondent establishes that
she has settled entire the disputes with the petitioners. As held by
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 entire disputes were settled between the accused
and the injured, it is not in the interest of justice to continue the
prosecution.
Petition is allowed. C.C.No.380 of 2009 on the file of Judicial
Magistrate of First Class Court, Thiruvalla, is quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
mns