4 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 4909 of 2008() ------------------------- CRIME NO.289/2005 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S): ACCUSED --------------- 1. XAVIER, @ SURESH, S/O. THIONS, AGED 27 YEARS, TC 71/3908, KINATTADIVILAKOM VEEDU, VALLAKADAVU, VALLIATHURA, THIRUVANANTHAPURAM. bn 2. VARGHESE, @ ROSHI S/O. THIONS, TC 71/3908, KINATTADIVILAKOM VEEDU, VALLAKKADAVU, VALLIATHURA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): DEFACTO COMPLAINANT & STATE --------------- 1. JERALD, S/O. THAMPI, AGED 34 YEARS, TC 71/3922, NEAR CHURCH, VALLATHURA, VELLAKADAVU, MUTTATHARA WARD, THIRUVNANTHAPURAM (CW1) 2. JOSPHINE, W/O. JERALD AGED 33 YEARS, TC 71/3922, NEAR CHURCH, VALLATHURA, VELLAKADAVU, MUTTATHARA WARD, THIRUVNANTHAPURAM 3. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.P.A.SALIM ADVOCATE BIJU BALAKRISHNAN FOR R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4909 of 2008 ------------------------------------- Dated this the 28th day of January, 2009 ORDER Petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 308 I.P.C and Section 27 of the Arms Act. The crux of the allegations is that the petitioners herein, ie. accused 1 and 2 allegedly attacked and caused injuries to respondents 1 and 2, spouses, who are the alleged victims in this crime. Investigation is complete. Final report has already been filed. Cognizance has been taken. The case against the petitioners has been committed to the Court of Session and the matter is pending as S.C.No.1898 of 2006 before the Assistant Sessions Judge-III, Trivandrum. Altogether there are 2 victims; they are respondents 1 and 2. Trial has not commenced. 2. At this juncture, petitioners 1 and 2 along with respondents 1 and 2 have appeared before this Court through counsel to confirm that all outstanding disputes between them have been settled and respondents 1 and 2 have compounded the offences allegedly committed by the petitioners. Crl.M.C. No.4909 of 2008 2 3. Respondents 1 and 2 have entered appearance. They have filed separate affidavit to confirm such composition/settlement. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor accepts that the disputes between the parties have been settled and respondents 1 and 2 have compounded the offences allegedly committed by the petitioners. The disputes between the parties are purely private and personal between them. The State, in these circumstances, does not want to oppose the prayer for quashing of the proceedings. 4. The learned counsel for the petitioners and respondents 1 and 2 pray; the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] can safely be invoked to bring to premature termination this prosecution which has become unnecessary and irrelevant now. Crl.M.C. No.4909 of 2008 3 5. In the result: a) This Crl.M.C is allowed; b) S.C.No.1696 of 2006 pending before the Assistant Sessions Judge-III, Trivandrum in which the petitioners herein are the accused and respondents 1 and 2 herein are the victims is hereby quashed; c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. 6. It is observed that the settlement/composition in this case is part of a comprehensive settlement and Crl.M.C.No.4908 of 2008 is also being disposed of today on the basis of such settlement/composition. (R.BASANT, JUDGE) rtr/-