Vikraman vs Seena.K.S. on 3 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2322 of 2009()


1. VIKRAMAN,AGED 42 YEARS,S/O.BALAKRISHNAN,
                      ...  Petitioner

                        Vs



1. SEENA.K.S.,D/O.VILASINI,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :SMT.P.R.REENA

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :03/08/2009

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

              ------------------------------------------
               CRL.M.C.NO.2322 OF 2009
              ------------------------------------------

               Dated      3rd     August        2009


                           O R D E R

Petitioner is the accused in C.C.396/2009 on

the file of Judicial First Class Magistrate,

Irinjalakuda. Prosecution case is that petitioner

committed offence under Sections 323, 324 and 294(b)

of Indian Penal Code. First respondent is the injured

defacto complainant. This petition is filed under

Section 482 of Code of Criminal Procedure to quash the

case pending before the learned Magistrate contending

that there was an amicable settlement of the dispute

with first respondent. As offence under Section 294(b)

is not compoundable under Section 320 of Code of

Criminal Procedure, this petition is filed.

2. Second respondent appeared through a

counsel and Annexure-II affidavit is filed stating

that there was an amicable settlement of the disputes

and she has no objection to drop the proceedings as

against the petitioner.

3. Learned counsel appearing for petitioner

CRMC 2322/09
2

and learned counsel appearing for first respondent and

learned Public Prosecutor were heard.

4. Offence alleged against petitioner is

only of personal nature as against first respondent.

When disputes of first respondent with petitioner is

amicably settled and she filed an affidavit stating

that due to the settlement of the disputes she has no

objection for quashing the proceedings, as held by the

Apex court in Madan Mohan Abbot v. State of Punjab

(2008 (3) KLT 19 (SC) it is not in the interest of

justice to continue the prosecution when consequent to

the settlement chance of successful prosecution is very

bleak.

Petition is allowed. C.C.396/2009 on the

file of Judicial First Class Magistrate, Irinjalakuda

is quashed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.