IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4114 of 2008() ------------------------- CRIME NO. 73/2006 OF PAYANGADI POLICE STATION CC.294/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED NO. 1,2,3,6,7,9 & 10 ------------------------------------------- 1. CHOMBAKADATH JASIM, S/O.MOIDU HAJI, VADIKKALKADAVU, MADAI P.O., KANNUR DISTRICT. 2. SAHIR, S/O. ZAINUDHEEN, "FATHIMAS" MADAI AMSOM, VADIKKAL, KANNUR. 3. UBAIS T.V. S/O.MUHAMMED KUNHI, THAIVALAPPIL HOUSE, MADAI AMSOM, VADIKKAL, KANNUR. 4. IMRAN, S/O. MAHAMMOD, MATTAMBRAM, MADAI AMSOM, VADIKKAL, KANNUR. 5. ZULFIKHAR, S/O.MOIDU, 'NEELUPHAR MAHAL' MADAI AMSOM, DESOM, NEAR R.C. CHURCH, KANNUR. 6. FAISAL, S/O. MUHAMMED KUNHI, MADAI AMSOM, VADIKKAL, NEAR SUITHAN THODU, KANNUR. 7. MUHAMMED SHAFI, S/O.MUHAMMED KUNHI, 'AFSAL MANZIL', MADAI AMSOM, VADIKKAL, KANNUR. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.K.KRISHNAN, S/O. EACHARAN, PADINHAREKKATTIL HOUSE, VADAIKKALKADAVU, P.O.MADAI, KANNUR DISTRICT. ADDL.R3. SMT.VADAKKE VEETTIL KAVITHA KRISHNAN W/O. P.K. KRISHNAN, VADIKKAL KADAVU, KANNUR DIST. 4. CHARAL AFSAL, S/O. MOHAMMED KUNHI MADAI AMSOM, NEAR PUTHIYANGADI MOSQUE KANNUR DIST. 5. MANNAN NAUSHAD, S/O. MUHAMMED KUNHI MADAI AMSOM, NEAR MATTAMBRAM AMIN MOSQUE KANNUR DIST. 6. K.V. ANSARI, S/O. IBRAHIM KONDAN KARUTHIL VEEDU,M MATTOOL AMSOM KANNUR DIST. ADDL.R3 TO 6 IMPLEADED AS PER ORDER DT.18.11.2008 IN CRL.M.As. 6464 & 6444 OF 2008 ADV. SRI.JOSWIN THAMBI KUNNATH FOR R2 R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SRI.JOSWIN THAMBI KUNNATH FOR ADDL.R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4114 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2008 O R D E R The petitioners along with respondents 4 to 6 face indictment as accused 1 to 10 in a prosecution for offences punishable, inter alia, under Sections 143, 147, 148 and 506(ii) r/w. 149 I.P.C. All other offences alleged are compoundable offences. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The trial has not commenced. The matter is pending before the J.F.M.C., Payyannur. 2. At this juncture the accused along with respondents 2 and 3 (they are spouses) have come before this Court to report to this Court that the disputes between them have been settled and respondents 2 and 3 have compounded all offences allegedly committed by the accused persons. Respondents 2 and 3 have appeared through counsel and they have filed necessary affidavits to confirm such composition/ settlement. Crl.M.C.No. 4114 of 2008 2 3. The crux of the allegations is that the accused persons, who were playing cricket, has caused damage to the building of respondents 2 and 3. They had taken objection to such conduct. Infuriated by such objection raised by respondents 2 and 3, the accused persons allegedly formed an unlawful assembly and indulged in the alleged overt acts of rioting, trespass, causing hurt and criminal intimidation against respondents 2 and 3. 4. The learned counsel for the petitioners and respondents 2 and 3 submit, the learned Prosecutor accepts that submission and I am satisfied that the dispute is one which is personal between the accused and respondents 2 and 3 and that no question of public policy or public justice is involved. 5. The learned counsel pray, learned Prosecutor concedes 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 dicta 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 Crl.M.C.No. 4114 of 2008 3 premature termination the prosecution pending against the accused persons, which has now become irrelevant and unnecessary. 6. In the result: a) This Crl.M.C. is hence allowed. b) C.C. No. 294 of 2006, pending before the J..F.M.C., Payyannur against accused 1 to 10 i.e. the petitioners and respondents 4 to 6, in which respondents 2 and 3 are the victims, is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioners and their sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm