M. Sasidharan Nambiar, J.
1. Petitioners are the accused in C.C.183/2010 on the file of Judicial First Class Magistrates Court-I, Neyyattinkara taken cognizance for the offences under Sections 394 and 354 of Indian Penal Code. First respondent is the de facto complainant. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire disputes with the first respondent were settled amicably and consequent to the settlement, she has no objection for quashing the proceedings and as declared by the Apex Court in Madan Mohan Abbot v. Crmc 3715/10 State of Punjab (2008 (3) KLT 19 (SC), in the nature of the offences alleged, which are purely personal in nature, it is to be quashed.
2. First respondent appeared through a counsel and filed an affidavit stating that the petitioners are having properties near to her property and they are her neighbours and now all the disputes between them were settled and they are all personal in nature and therefore, proceedings is to be quashed.
3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard.
4. Argument of the learned counsel appearing for the petitioners is that as stated in the affidavit filed by the first respondent, offences are purely personal in nature and arose due to the property dispute and when the disputes with the first respondent Crmc 3715/10 as admitted by her, were settled, it is not in the interest of justice to continue the prosecution.
5. Learned counsel appearing for the first respondent submitted that offences are purely personal in nature and hence, the cognizance taken is to be quashed.
6. Learned Public Prosecutor pointed out that the offences alleged are not all personal in nature and in such circumstances, based on Madan Mohans case (supra) the case cannot quashed.
7. Prosecution case is that on 3/1/2010 at about 1 p.m, while first respondent, the lady was standing near the car, when her husband had gone to the nearby property. The petitioners came there in a motor cycle and by force took away her purse containing cash of Rs.3,800/- and mobile phone and also assaulted Crmc 3715/10 her. In the nature of the offences alleged, cannot agree with the submission of the lear ed counsel appearing for the petition s and first respondent that the offences are purely personal in nature, so as to invoke the extra ordinary power of this Court under Section 482 of Code of Criminal Procedure to quash the proceedings. Question whether for the reason that the first respondent may turn hostile to the prosecution and therefore, there is no likelihood of a conviction, even if the petitioners are to be tried also not a ground to quash the proceedings.