IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3051 of 2009()
1. UMMER, KAREEPPAKULAM HOUSE,
... Petitioner
2. BIJU, S/O.VARGHESE,
3. LAJU, S/O.SIVARAMAN,
4. RAVI, S/O.NARAYANAN,
5. SASI, S/O.PARAMESWARAN,
6. VIJEESH @ KUNGHAYI, S/O.GOPI,
Vs
1. IBRAHIM, S/O.ABOOBACKER,
... Respondent
2. RAZAK, S/O.ABOOBACKER,
3. STATE OF KERALA,
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.3051 OF 2009
===========================
Dated this the 30th day of September,2009
ORDER
Petitioners are the accused in Crime 494/2009 of
Mannuthy Police Station registered for the offences
under sections 143,147,148,452,323,324,506(ii) 294(b)
read with section 149 of Indian Penal Code registered
under Annexure A F.I.R. The case was registered after
recording the First Information Statement of second
respondent the de facto complainant who is the injured
in the case. As per the First Information Statement
the accused in furtherance of their common object
formed themselves into an unlawful assembly and on
12.9.2009 at about 8 a.m trespassed into the shop room
belonging to the second respondent, the brother of the
first respondent and intimidated, threatened and caused
hurt to the first respondent and also damaged the
articles and glass of the hotel causing a loss of
Rs.3000/- and thereby committed the offence. This
petition is filed under section 482 of Code of Criminal
Procedure to quash Annexure A F.I.R as well as the
proceedings initiated thereunder contending that the
Crl.M.C.3051/2009 2
entire disputes with respondents 1 and 2 were amicably
settled.
2. Respondents 1 and 2 appeared through a counsel.
They also filed separate affidavits stating that the entire
disputes with the petitioners were amicably settled and
they have no objection to quash the proceedings.
3. Learned counsel appearing for the petitioners ,
respondents 1 and 2 and learned Public Prosecutor were
heard.
4. Annexure-A F.I.R with the First Information
Statement establish that the offence alleged against the
petitioners are purely personal in nature as against
respondents 1 and 2, the person to whom hurt was caused and
the person whose hotel was damaged. The affidavits filed
by respondents 1 and 2 establish that there was an amicable
settlement of all the disputes between the parties. In
such circumstances, as held by the Apex Court in Madan
Mohan Abbot v. State of Punjab (2008(3) KLT 19) it is not
in the interest of justice to continue the prosecution.
Interest of justice warrants to quash the proceedings.
Petition is allowed. Crime No.494/2009 of Mannuthy
Police Station is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
Crl.M.C.3051/2009 3
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006