IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Crl.MC.No. 410 of 2009() ------------------------ CRIME NO. 35/2009 OF POOYAPPALLY POLICE STATION PETITIONER(S): ACCUSED ---------------------- MURALEEDHARAN, AGED 53 YEARS, S/O. VISWANATHAN, NISHALAYAM PARUTHIYARA MURI, ODANAVATTOM.P.O, VELIYAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. 3. SALIM KUMAR, AGED 30 YEARS, S/O. DEVICHAND, ASWATHY BHAVAN, KOTTUVANKONAM MURI, KONNAYIL (P.O), POOTHAKKULAM VILLAGE, PARAVOOR, KOLLAM DISTRICT. ADV. SRI.P.V.DILEEP FOR R3 R1 & 2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 410 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2009 O R D E R The petitioner is the sole accused facing allegations in a crime registered under Section 326 I.P.C. That crime has been registered on the basis of the complaint filed by the third respondent herein, who is the son-in-law of the petitioner. Investigation is in progress. Final report has not been filed yet. 2. At this stage the petitioner and the third respondent have appeared before this court to apprise this court of the fact that the parties have settled all their outstanding disputes and the third respondent has compounded the offence allegedly committed by the petitioner against him. The third respondent has appeared before this court through counsel to confirm such settlement/composition. A joint application for composition duly signed by the rival contestants and counter signed by their counsel has also been filed. Crl.M.C.No. 410 of 2009 2 3. The learned counsel for the petitioner and the third respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. C.B.I. (2008 (3) KLT 769) and Manoj Sharma v. State (2008 (4) KLT 417 (SC) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. I accept that no issues of public interest or public justice are directly involved and the dispute is one which is private and personal between the petitioner and third respondent. 4. In the result: a) This Crl.M.C. is hence allowed. b) Crime No. 35 of 2009 of Pooyappally Police Station registered against the petitioner on the basis of the complaint by the third respondent, is hereby quashed. (R. BASANT) tm Judge Crl.M.C.No. 410 of 2009 3 .