IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 890 of 2010()
1. YOUSAF K.V., S/O.KUNHIMON,
... Petitioner
2. LATHEEF P., S/O.BAPPU HAJI,
3. SHAJIMON, S/O.ABDU RAHIMAN,
4. SHAMEER, S/O.MOIDU,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. PULLUVALAPPIL HYDER, S/O.HASSAINAR,
For Petitioner :SRI.BABU S. NAIR
For Respondent :SMT.VRINDA PAUL
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/04/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.890 OF 2010
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Dated 8th April 2010
O R D E R
Petitioners are the accused 1,2,5
and 6 in C.C.69/1997 on the file of
Judicial First Class Magistrate, Ponnani.
As petitioners were absconding, case
against them were split up and re-filed
and subsequently removed to the register of
long pending cases as L.P.23/2006.
Accused 3 and 4 were tried and were
acquitted. Petition is filed under Section
482 of Code of Criminal Procedure to quash
the proceedings against the petitioners
contending that first respondent de facto
complainant has settled all the disputes
with the petitioners and therefore, it is
not in the interest of justice to continue
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2
the prosecution. First respondent appeared
through a counsel and filed an affidavit
stating that the incident arose out of
personal rivalry of the accused with him and
he has settled entire disputes with the
accused and he has no subsisting grievance
against them and therefore, he has no
objection for quashing the proceedings.
2. Annexure A final report
submitted by the police on which cognizance
was taken by the learned Magistrate, show
that prosecution case is that at about 6.30
p.m on 16/4/1997 the seven accused formed
themselves into an unlawful assembly with
the common object of committing trespass
into the property of the second respondent
and in furtherance of common object they
trespassed into the property of second
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3
respondent in R.S.No.220/1 and scolded him
using obscene words and also threatened him
by showing a knife that he will be murdered
and thereby committed the offences under
Sections 143, 147, 148, 447 and 506(ii)
read with Section 149 of Indian Penal Code.
Offences alleged against the petitioners are
purely personal in nature as against second
respondent. Affidavit filed by the second
respondent establishes that entire disputes
with petitioners were settled amicably. As
held by the Apex court in Madan Mohan Abbot
v. State of Punjab (2008 (3) KLT 19 (SC)
when all the disputes between the
petitioners and second respondent were
amicably settled and consequent to the
settlement, there is no likelihood of a
successful prosecution, it is not in the
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4
interest of justice to continue the
prosecution.
Petition is allowed. L.P.23/2006 on
the file of Judicial First Class Magistrate,
Ponnani is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.