IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 3871 of 2008() ------------------------------------ L.P. NO.9/01 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. CRIME NO.154.1998 OF KOLAVALLUR POLICE STATION. ...... PETITIONER(S): ACCUSED ---------------------- MUDATHIULLATHIL HASSAN, FATHIMA MANZIL, THOOVAKKUNNU P.O. KANNUR DISTRICT. BY ADV. SRI.P.SANJAY RESPONDENT(S): DEFACTO COMPALINANT & STATE ----------------------------- 1. AMI, W/O. KULATHIL HASSAN, KULATHIL HOUSE, THOOVAKKUNNU P.O., KANNUR DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADV. SRI.P.K.NIJOY FOR R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3871 OF 2008 ----------------------------------------------- Dated this the 24th day of October, 2008 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 436 IPC. The crux of the allegations in the said crime is that a portion of the house of the 1st respondent/defacto complainant was set fire to on 22.12.98, by some persons and it was revealed in the course of investigation that the petitioner is the person responsible for commission of such crime. Petitioner is a close relative of the 1st respondent, he being the nephew of the husband of the petitioner. Investigation is complete. Final report has already been filed. Cognizance has been taken. Petitioner was arrested and enlarged on bail at the crime stage. Later the petitioner was not available for trial. The case against him has been transferred to the list of long pending cases. Petitioner has not entered appearance so far. 2. At this stage the petitioner and the 1st respondent through their counsel have come before this Court to apprise the court of the fact that they have willingly and voluntarily settled all their outstanding disputes. The 1st respondent has compounded the Crl.M.C. No. 3871 OF 2008 -:2:- offences allegedly committed by the petitioner. The 1st respondent does not want to continue with the proceedings. The dispute is one which is purely personal and private between the petitioner and the 1st respondent–close relatives. The 1st respondent having compounded the offences allegedly committed by the petitioner, it is prayed that, the extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked to bring to premature termination of proceedings against the petitioner as enabled by the dictum in Madan Mohan Abbot V. State of Punjab [2008 (3) KLT 19] and Nikhil Merchant V. C.B.I [ 2008 (3) KLT 769 (SC)]. 3. The 1st respondent has entered appearance through counsel. She has filed an affidavit, Annexure A2, to confirm that there has been a proper settlement. The affidavit is attested by a counsel. Counsel for the respondent vouches for the genuineness of the settlement between the parties and the composition of offences by the 1st respondent. 4. Notice was given to the learned Prosecutor. The learned Prosecutor does not also oppose the application. I am satisfied, on an anxious consideration of all the relevant inputs, that this is Crl.M.C. No. 3871 OF 2008 -:3:- an eminently fit case where jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abutt and Nikhil Merchant (supra) can be pressed into service to prematurely terminate the proceedings against the petitioner herein. 5. In the result: a) The Crl.M.C is allowed. b) The prosecution against the petitioner on the basis of the final report in Crime No.154/98 of Kolavallur police station pending before the learned CJM, Thalassery as LP No. 9/01 is hereby quashed. c) The learned CJM shall take necessary steps to record termination of proceedings in LP No.9/01. I may hasten to observe that proceedings, if any pending against the petitioner and sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. R. BASANT, JUDGE ttb The words “Koilandi Police Station” occurring in paragraph 5(b) of order dated 24/10/2008 in Crl. M.C. No. 3871/2008 is corrected as “Kolavallur Police Station” and “L.P No. 9/01” shown at paragraph No. 5(c) is corrected as “L.P No. 49/2001” as per order dated 17/02/2009 in Crl. M.A. No. 830/2009 in Crl. M.C. No. 3871/2008. Registrar (Judicial) Crl.M.C. No. 3871 OF 2008 -:4:- Crl.M.C. No. 3871 OF 2008 -:5:-