IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 291 of 2010() ------------------------ SC.840/2006 of ASSISTANT SESSIONS COURT, VADAKARA. CRIME NO.203/2004 OF VALAYAM POLICE STATION, KOZHIKODE. .................... PETITIONERS/ACCUSED ------------------------------------ 1. AHAMED, S/O.MOIDU, KOLOTH HOUSE, JATHIYERI DESOM, VALAYAM AMSOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. KUNIYIL HAMEED, S/O.MAMMU, KURIYIL HOUSE, VALAYAM AMSOM, KOZHIKODE DISTRICT. 3. ABOOBACKER, S/O.MAYAN, CHRUVATH HOUSE, VALAYAM AMSOM, KOZHIKODE DISTRICT. 4. KUNIYIL MUSTHAFA, S/O.MAMMU, KURIYIL HOUSE, VALAYAM AMSOM, KOZHIKODE DISTRICT. 5. ASLAM, S/O.MOOSA, KOYLETH HOUSE, VALAYAM AMSOM, KOZHIKODE DISTRICT. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): ------------------------- 1. RIYAS K., S/O.KUNHALI, KUNIYIL ANDIYIL HOUSE, P.O.CHERUMOTH, VIA. KALLACHI, KOZHIKODE. 2. HANEEFA K.V., S/O.MOIDU HAJI, KANDACHA VEETTIL, VALAYAM, NADAPURAM, VADAKARA TALUK. 3. THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION, KOZHIKODE DISTRICT,REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 & R2 BY ADV. MR.K.H.SAKIR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J. --------------------------------- Crl.M.C.No.291 OF 2010 ---------------------------------- Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have all further proceeding in S.C.No.840/2006 pending before the Assistant Sessions Judge, Vadakara quashed. 2. The petitioners are accused in S.C. No.840/2006 on the file of the Assistant Sessions Judge, Vadakara for having committed offences punishable under Sections 143, 147, 148, 448, 307 read with Section 149 of Indian Penal Code. The incident is said to have taken place on 14.10.2004 at about 9.p.m. There are two injured namely, Riyas and Haneefa. Final report was laid after investigation. Learned Magistrate who took cognizance found that the offences were exclusively triable by Court of Sessions and accordingly committed the case to the Sessions Court and the Sessions Court made over the case to the Additional Sessions Court for trial and disposal. Crl.M.C.No.291/2010 2 3. It is unnecessary to go into the minute details of the case for the simple reason that this petition can be disposed of on a short ground. The two injured persons, namely Haneefa and Riyas, though abroad, are represented by counsel before this Court. The accused and the injured have filed a joint statement whereby it is pointed out that they have settled all the differences and the injured have no further grievance in the matter. The learned Public Prosecutor also pointed out that a statement has been taken from the mother of the petitioner and the the injured persons confirming the statement given before this Court. 4. True, the offences under Sections 143, 147, 148 and 307 read with Section 149 of Indian Penal Code are non compoundable. But, one has to notice that the parties have settled their differences and they have decided to purchase peace. Since two of the injured are abroad, the conduct of trial will not be an easy task. There is no ground for continuing the proceedings with the stand adopted by the parties. Crl.M.C.No.291/2010 3 5. In the light of the decisions in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 SC) and Manoj Sharma v. State (2008(4) KLT 417), it is only proper that the proceedings be quashed. If it is continued, that will lead only to waste of time. In the result, this petition is allowed and all the proceedings in S.C. No.840/2006 on the file of the Assistant Sessions Judge, Vadakara stand quashed and all further proceedings shall stand dropped. (P.BHAVADASAN, JUDGE) ps “S.C.No.840/2006” occurring in the first, second and last paragraph of the final order dated 11.2.2010 in Crl.M.C.No.291/2010 is corrected and substituted as “SC.No.559/07” as per order dated 1.10.2010 in Crl.M.A.No.5779/10 in Crl.M.C.No.291/10. sd/- Registrar (Judicial)