High Court Kerala High Court

Salahudhin vs State Of Kerala Represented By The on 13 December, 2010

Kerala High Court
Salahudhin vs State Of Kerala Represented By The on 13 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4531 of 2010()


1. SALAHUDHIN, AGED 26 YEARS,S/O.MUHAMMADAL
                      ...  Petitioner
2. ASHIF.A.M.AGED 23 YEARS,S/O.MUHAMMADALI
3. ANZAR.C.A.AGED 22 YEARS, S/O.ALIMON,
4. PRADEEP, AGED 26 YEARS, S/O.RAGHAVAN,
5. LANEESH, AGED 29 YEARS,S/O.KESAVAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. JOY S/O.POULOSE,

                For Petitioner  :SRI.P.K.VARGHESE

                For Respondent  :SRI.E.C.BINEESH

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/12/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ---------------------------------------------
           CRL.M.C.NO.4531 OF 2010
           ---------------------------------------------
           Dated 13th December, 2010


                          O R D E R

Petitioners are the accused and

second respondent, the de facto complainant

in Crime No.638/2010 of Anthikkad Police

Station registered for the offences under

Sections 143, 147, 148, 448, 323, 324, 308

read with Section 149 of Indian Penal Code

on Annexure-I FIR. Second respondent is

the de facto complainant and the injured.

Petition is filed under Section 482 of Code

of Criminal Procedure to quash the

proceedings contending that entire disputes

were settled amicably and consequent to the

settlement, it is not in the interest of

justice to continue the prosecution.

       2. Second                 respondent               appeared

Crmc 4531/10              2


through      a  counsel  and  filed  an   affidavit

stating that entire disputes were settled with

the petitioners due to the intervention of

mediators and consequent to the settlement, he

has no objection for releasing the petitioners

on bail or to quash the proceedings.

2. Learned counsel appearing for the

petitioners, second respondent and learned

Public Prosecutor were heard.

3. The case was registered based on the

first information statement of the second

respondent, which reveals that on 27/8/2010 at

about 6.50 a.m, he was attacked by the

petitioners who came there in a red coloured

car and thereafter, inflicted hurt with a

knife. The offence under Section 308 of Indian

Penal Code is allegedly committed, based on the

allegation that if second respondent has not

evaded, when the knife was aimed at his neck,

Crmc 4531/10 3

death would have been caused. The offence

alleged against the petitioners are purely

personal in nature against the second

respondent. Affidavit filed by the second

respondent establishes that he has settled all

the disputes with the petitioners. As held by

the Apex Court in Madan Mohan Abbot v. State of

Punjab (2008 (3) KLT 19 (SC), when the offences

alleged are purely personal in nature against

the second respondent and second respondent has

settled all the disputes with the petitioners,

it is not in the interest of justice to

continue the prosecution.

Petition is allowed. Crime No.638/2010

of Anthikkad Police Station and further

proceedings are quashed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.