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Judgment
M. Sasidharan Nambiar, J.—Petitioner is the second accused in C.P. No. 105/2009 on the file of Judicial First Class Magistrate''s Court-I, Pathanamthitta. First Respondent is the de facto complainant and fourth Respondent, the injured. This petition is filed u/s 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.
Respondents 1 and 4 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes not only as against the Petitioner/second accused, but against the first accused also and consequently, it is not in the interest of justice to continue the prosecution.
Learned Counsel appearing for the Petitioner, Respondents 1 and 4 and learned Public Prosecutor were heard.
Crime No. 112/2009 of Pathanamthitta Police Station was registered under Annexure-1 FIR for the offences under Sections 452, 395, 143, 148 and 427 read with Section 149 of Indian Penal Code, on receipt of the complaint filed by the first Respondent before Judicial First Class Magistrate''s Court, Pathanamthitta and sent for investigation u/s 156(3) of Code of Criminal Procedure. Learned Magistrate took cognizance of the offences under Sections 143, 147, 148, 452, 457 and 395 read with Section 149 of Indian Penal Code on the final report submitted by Sub Inspector of Police, Pathanamthitta. This petition is filed u/s 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably.
Final report establishes that offences alleged against the Petitioner and first accused are purely personal in nature. It also establishes that the very crime was registered on a complaint filed by the first Respondent. Affidavits filed by Respondents 1 and 4 establish that they have settled all the disputes with the accused amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the accused are purely personal in nature and the disputes were amicably settled between the accused and the injured de facto complainant, it is not in the interest of justice to continue the prosecution. Though second accused alone filed this petition, as it is clear from the affidavits filed by Respondents 1 and 4 that disputes have been settled with the first accused also, it is not in the interest of justice to continue the prosecution even against the first accused.
Petition is allowed C.P. No. 105/2009 on the file of Judicial First Class Magistrate''s Court-I, Pathanamthitta is quashed.