IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Crl.MC.No. 1133 of 2010 AGAINST C.C.NO.475 OF 2009 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, KOZHIKODE. PETITIONERS: ACCUSED 1 TO 3 ----------------------------- 1. HAMEED, S/O.KAMAL, KUNNATHVALAPPIL HOUSE, VALLITHODE, KILIANTHRA P.O., KANNUR DISTRICT. 2. SANDEEP KUMAR.K., S/O.GOPI, ALINKAL HOUSE, PALLIKKARA, THAVAM P.O., CHERUKUNNU VILA, KANNUR DISTRICT. 3. DHANESH K., S/O.SWAMIDASAN, PULIYANAKANDY HOUSE, NANMINDA P.O., KOZHIKODE. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. SHYJU.K., S/O.APPUNNI, KARANKADI LAKSHAM VEEDU COLONY, KUNDAMANGALAM P.O., KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Crl.M.C. NO. 1133 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 2010 O R D E R The petitioners are accused Nos.1 to 3 in C.C.No.475 of 2009, on the file of the Court of the Judicial Magistrate of the First Class-I, Kozhikode. The first respondent is the de facto complainant. 2. The offences alleged against the petitioners are under Sections 323, 324, 341 and 506(i) read with Section 34 of the Indian Penal Code. 3. The prayer in the Criminal Miscellaneous Case is to quash the proceedings in C.C.No.475 of 2009. It is stated that the petitioners and the first respondent are the students of Government Law College, Kozhikode. It is also stated that the petitioners and the first respondent had settled all their disputes and differences. 4. The first respondent has entered appearance through counsel and an affidavit sworn to by the first respondent/de facto complainant is filed as Annexure A3, in which, it is stated that the petitioners and the first respondent are on cordial terms and that the disputes have been settled. Crl.M.C. NO. 1133 OF 2010 :: 2 :: 5. The learned counsel for the petitioners submitted, relying on the decisions in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19(SC)) and Nikhil Merchant v. Central Bureau of Investigation (2008 (3) KLT 769(SC)), that in the facts and circumstances, the complaint is liable to be quashed. In Madan Mohan Abbot's case, the Supreme Court held that criminal proceedings involving non-compoundable offences can be quashed by accepting the terms of compromise reached between the rival parties, if the question involved in such disputes is purely of a personal nature. In Nikhil Merchant's case, it was held that technicalities should not be allowed to stand in the way of Court's power to quash criminal proceedings involving non-compoundable offences where the dispute is compromised between the rival parties. It was held that the proceedings can be quashed invoking Section 482 of the Code of Criminal Procedure on the basis of the compromise. 6. In the present case, the parties have settled the disputes and differences and it is reflected in the affidavit sworn to by the de facto complainant. Crl.M.C. NO. 1133 OF 2010 :: 3 :: 7. Taking into account the facts and circumstances of the case, the nature of the offence and the settlement of disputes between the parties, I am of the view that the proceedings in C.C.No.475 of 2009 on the file of the Court of the Judicial Magistrate of the First Class I, Kozhikode can be quashed. I do so. Accordingly, the proceedings in C.C.No.475 of 2009 on the file of the Court of the Judicial Magistrate of the First Class I, Kozhikode will stand quashed. The Criminal Miscellaneous Case is allowed as above. (K.T.SANKARAN) Judge ahz/