IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 2468 of 2008() ------------------------- CRIME NO.531/07 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S): ACCUSED ---------------------- 1. UNNIKUTTAN, S/O.CHANDRAN, AGED 20 YEARS, (A 4) TC 7/146, KONDOOR THARAYIL, NANDANCODE WARD, THIRUVANANTHAPURAM. 2. AL AMEEN, S/O.SALEEM, TC 11/1368, KADAYIL VEEDU, NANDANCODE WARD, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): DEFACTO COMPLAINANT, INVESTIGATION OFFICER & STATE ----------------------------------------------------------------- 1. SHANKAR RAM, S/O.SREEKANTH, TC 12/1420 "KAMALA VILAS", BRIGADE LANE, KUNNUKUZHY, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION. 3. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADDL. 4. RIYAZ (A1), (BOOKSTALL SAPHALAYAM COMPLEX PALAYAM) SHINY MANZIL, KARAKKAMANDAPAM. ADDL. 5. AJITH (A2) AGED 16 YEARS, MULLASSERI LANE, YMR-85, NANTHANCODE, KAUDIAR, THIRUVANANTHAPURAM. ADDL. 6. TITTOO, S/O.SURARAJAN (A5), TC11/1898, PANAYIL VEEDU, NETHAJI BOSE RD, KENI, NANTHANCODE. (Additional respondents 4 to 6 are impleaded as per order dt.10.11.08 in Crl.M.Appl.No.6280 of 2008) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.K.B.PRADEEP FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2468 of 2008 ------------------------------------- Dated this the 18th day of November, 2008 ORDER Petitioners as well as respondents 4 to 6 face indictment as per the final report submitted in Crime No.531 of 2007 of Museum Police Station, Thiruvananthapuram. The petitioners are accused 4 and 3; whereas respondents 4, 5 and 6 are accused 1, 2 and 5 respectively. Final report has already been filed in Crime No.531 of 2008 arraying the 5 accused persons, of which two, ie. the 2nd petitioner (A3) and respondent No.5 (A2), are juveniles. Respondent No.1 is the sole victim/injured. Final report has been filed alleging commission of offences punishable under Sections 143, 147, 148 and 324 r/w 149 I.P.C. The substantive offence under Section 324 I.P.C is compoundable, whereas the other offences alleged are not compoundable. Proceedings before the learned Judicial Magistrate of the First Class-III against the accused/non juveniles is pending as C.C.No.143 of 2008. Final report against the juveniles has been filed before the Juvenile Justice Board. But the number of the said proceedings is not made available to this Court. The incident in this case and the incident in Crime No.532 of 2007 are in the nature of an incident and counter blast to that incident. Investigation is complete. Final report has already been filed. Crl.M.C. No.2468 of 2008 2 2. At this juncture, the parties have settled their disputes. The sole injured/victim/1st respondent and the accused persons have settled their disputes and the 1st respondent has compounded all the offences allegedly committed by the accused persons. Some of the offences alleged are not compoundable. But it is prayed that the composition may be accepted and premature termination of the proceedings pending before the Judicial Magistrate of the First Class-III, Thiruvananthapuram and the Juvenile Justice Board, Thiruvananthapuram on the basis of the final report in Crime No.531 of 2007, may be brought to premature termination. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application and confirms that the matter has been settled between the parties. The victim has compounded the offences and the State has no objection against premature termination of the proceedings. 4. I am, in these circumstances, satisfied that this is an eminently fit case where the extraordinary 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], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma Crl.M.C. No.2468 of 2008 3 v. State [2008 (4) KLT 417 (SC)] can safely be imported to bring to premature termination the further proceedings against all the accused persons in furtherance of the final report in Crime No.531 of 2007 of Museum Police Station, Thiruvananthapuram. 5. In the result: i) This Crl.M.C is allowed; ii) All further proceedings in C.C.No.143 of 2008 against the 1st petitioner, Respondent No.4 and Respondent No.6 pending before the Judicial Magistrate of the First Class-III, Thiruvananthapuram on the basis of the final report in Crime No.531 of 2007 of Museum Police Station, Thiruvananthapuram is hereby quashed; iii) All further proceedings against the 2nd petitioner and respondent No.5 pending before the Juvenile Justice Board on the basis of the final report in Crime No.531 of 2007 is also hereby quashed; iv) Needless to say, proceedings, if any, pending against the accused persons and their sureties under Section 446 Cr.P.C shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-