IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 998 of 2010()
1. SIJO, S/O.XAVIER, PADAMATTUMMEL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. DEVASSY KUTTY, AGED 47 YEARS,
3. SMITHA,D/O.DEVASSY KUTTY,PUTHUSSERRY,
For Petitioner :SRI.S.RAJEEV
For Respondent :SRI.K.K.DHEERENDRAKRISHNAN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :23/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.998 OF 2010
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Dated 23rd March 2010
O R D E R
Petitioner is the accused and
respondents 2 and 3 the de facto
complainant and the injured in C.C.127/2006
on the file of Judicial First Class
Magistrate, North Paravur taken cognizance
for the offences under Sections 452, 323,
324 and 427 of Indian Penal Code on
Annexure-I final report. Petition is filed
under Section 482 of Code of Criminal
Procedure to quash the pending 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, as the
offences alleged are purely personal in
Crmc 998/10
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nature.
2. Respondents 2 and 3 appeared through
a counsel and filed separate affidavit stating
that entire disputes were settled amicably and
consequent to the settlement, it is not in the
interest of justice to continue the prosecution.
3. Learned counsel appearing for the
petitioner, respondents 2 and 3 and learned
Public Prosecutor were heard.
4. Prosecution case as seen from
Annexure-1 final report is that with the
intention of causing hurt to respondents 2 and
3, due to previous enmity, on 4/12/2005 at
about 6.30 p.m petitioner broke opened the
front door of the residential house of
respondents 2 and 3 and committed house
trespass and with a granite stone hit on the
chest of the second respondent and caused hurt
Crmc 998/10
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and when third respondent tried to rescue
second respondent, hurt was caused to her also
and thereby committed the offences.
5. Offences alleged are purely personal
in nature as against respondents 2 and 3.
Affidavit filed by respondents 2 and 3
establish that entire disputes were settled
amicably with the petitioner. As held by the
Apex court in Madan Mohan Abbot v. State of
Punjab (2008 (3) KLT 19 (SC) when the offences
are purely personal in nature and were settled
between the accused and the de facto
complainant and the injured, it is not in the
interest of justice to continue the
prosecution.
Petition is allowed. C.C.127/2006 on
the file of Judicial First Class Magistrate,
North Paravur is quashed.
Crmc 998/10
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M.SASIDHARAN NAMBIAR,
JUDGE.
uj.