IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4027 of 2008(A) -------------------------------------- (CRIME NO. 188/2006 OF PALLICKAL POLICE STATION) .......... PETITIONERS: --------------------- 1. SABU, S/O.ABDUL SAMAD, AGED 20 YEARS, RESIDING AT SALEENA MANZIL, MADAVOOR VILLAGE, NJARAYILKONAM, THIRUVANANTHAPURAM. 2. KAMARUDHEEN, S/O.MOOSA, ARAYILKONAM ORI VEEDU, MADAVOOR VILLAGE, NJARAYILKONAM, THIRUVANANTHAPURAM. 3. JAMALUDHEEN, S/O.SHIHABUDHEEN EDAPPARA VEETTIL,MADAVOOR VILLAGE, NJARAYILKONAM, THIRUVANANTHAPURAM. 4. SHIJU, S/O.ABDUL JABBAR, MADAVOOR VILLAGE, NJARAYILKONAM, THIRUVANANTHAPURAM. 5. SHIJAM, S/O.MOHAMMED HANEEFA, MADAVOOR VILLAGE, NJARAYILKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.VINOD KUMAR.C. RESPONDENTS/ STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ,ERNAKULAM(CRIME NO.188/2006 OF PALLICKAL POLICE STATION). 2. ARAFAT RAHEENA, S/O.MOHAMMED ISMAIL, ARAFAT MANZIL, PALLICKAL VILLAGE, THIRUVANANTHAPURAM. CRL.M.C. NO. 4027/2008: 3. RHUMAN ANZARI, PALAVILAVEEDU PALLICKAL PO, PALLICKAL KILIMANOOR, TRIVANDRUM. KERALA. 4. RAJA ABDUL RAHMAN, KIZHAKKEPULIMOODU, PALLICKAL KILIMANOOR PO., TRIVANDRUM, KERALA. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR, R2 TO R4 BY ADV. SRI.S.RAJEEV. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4027 of 2008 ------------------------------------------------- Dated this the 14th day of November, 2008 ORDER The petitioners – 5 in number, face indictment in a prosecution for offences punishable, inter alia, under Secs.324 and 427 read with Sec.149 IPC. The said substantive offences are compoundable. Inter alia, allegations are raised against the petitioners under Secs.143, 147 and 148 IPC which are non-compoundable offences. Altogether, there are 3 injured persons. They are C.Ws.1 to 3. They have been arrayed as respondents 2 to 4 in this Crl.M.C. Investigation is complete. Final report has already been filed. Cognizance has been taken and the case is pending before the learned Judicial Magistrate of the First Class-II, Attingal, as C.C.No.22/07. 2. Respondents 2 to 4 have entered appearance through counsel. They have filed affidavits to confirm that they have Crl.M.C. No. 4027 of 2008 -: 2 :- settled their disputes and have compounded the offences allegedly committed by the petitioners. 3. The learned counsel for the petitioners and respondents 2 to 4 pray and the learned Public Prosecutor concedes that the prosecution against the petitioners can now be quashed invoking the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and Manoj Sharma v. State (2008 (4) KLT 417) inasmuch as respondents 2 to 4 have compounded the offences and the parties have settled all their outstanding disputes. 3. I am satisfied that this is an eminently fit case where the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in the three decisions referred above can profitably be invoked to bring to premature termination the prosecution against the petitioners. 4. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.22/07 pending before the learned Judicial Magistrate of the First Class-II, Attingal, against the petitioners herein is hereby quashed. (c) Needless to say, the proceedings, if any, pending Crl.M.C. No. 4027 of 2008 -: 3 :- against the petitioners and the sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge