IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Crl.MC.No. 2978 of 2008() ------------------------- Cr.NO.841/2008 OF KALAMASSERY POLICE STATION PETITIONER: 1ST ACCUSED ----------------------- JACOB JOSE CHACKO, S/O.JOSE, AGED 19 YRS RAMAPURAM, PALA.P.O, KOTTAYAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABRAHAM DAVID, S/O.DAVID, AGED 22 YEARS, VADAKKOOD HOUSE, C.S.I.COMPOUND, ALUVA-1. ADDL. 3. NIKESH.V.G, S/O.GOPALAKRISHNAN, AGED 21 YEARS, VADAKKETHARAYIL HOUSE, MUNICIPAL QUARTERS, ALUVA.P.O, PIN-683 101. ADDL. 4. AJEEB, S/O.ALIYAR, AGED 27 YEARS, PARUTHEPARAMBIL HOUSE, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT. ADDL. 5. JAISON.A.J, S/O.JOY DEVASSIA, AGED 27 YARS, ARAKKAL HOUSE, CHERANALLUR.P.O, COCHIN-34. ADDL. 6. JACKSON.A.J., S/O.JOY DEVASSIA, AGED 24 YARS, ARAKKAL HOUSE, CHERANALLUR.P.O, COCHIN-34. ADDL. 7. TITTY THOMAS JACOB, S/O.JACOB THOMAS, PADIPURAKKAL HOUSE, KALAYPURAM.P.O, KOTTARAKKARA. ADDL. 8. LEEMON.A.A, S/O.ASHOK KUMAR, AJU VIHAR, CHENGARA.P.O, PATTIMATTOM, ERNAKULAM. (ADDL.RESPONDENTS 3 TO 8 ARE IMPLEADED AS AS PER ORDER IN Crl.M.Appl.No.4567 of 2008) BY ADV. SRI.A.RANJITH NARAYANAN FOR R2 SRI.SANIL KUMAR FOR R3 TO R8 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2978 of 2008 ------------------------------------- Dated this the 26th day of August, 2008 ORDER Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 325 r/w 149 I.P.C. The crime has been registered under Sections 143, 147 and 325 r/w 149 I.P.C. Petitioner is the 1st accused and respondents 4 to 8 are the co-accused along with the petitioner. The crux of the allegations is that accused persons were members of an unlawful assembly and they, in prosecution of their common object, allegedly attacked the defacto complainant and a friend of his, ie. respondents 2 and 3. 2. During the pendency of the proceedings, the parties have settled their disputes. The substantive offence punishable under Section 325 I.P.C is a compoundable offence under Section 320 Cr.P.C. But in as much as the offences punishable under Sections 143 and 147 I.P.C are not compoundable and in as much as complicity is alleged with the help of Section 149 I.P.C, the petitioner apprehends that the learned Magistrate may not accept the composition and in these circumstances it is Crl.M.C. No.2978 of 2008 2 prayed that powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] may be invoked to bring to premature termination the further proceedings in this crime ie. Crime No.841 of 2008 of Kalamassery Police Station. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the police is satisfied that there has been a genuine and bona fide voluntary settlement of the disputes and composition of the offence allegedly committed by the accused persons against respondents 2 and 3, who are the sole victims in the crime. The learned Public Prosecutor submits that the composition can be accepted and the substantive offence having been compounded, the allegations raised under Sections 143 and 147 I.P.C can now be closed invoking the dictum in Madan Mohan Abbot v. State of Punjab. 4. Respondents 2 and 3 on the one hand and the petitioner and respondents 4 to 8 on the other have appeared through counsel before this Court and have confirmed that there has been a bona fide and genuine settlement. Applications for composition have been filed also. Crl.M.C. No.2978 of 2008 3 5. Though the substantive offence under Section 325 I.P.C is compoundable under Section 320 Cr.P.C, the offences alleged under Sections 143 and 147 I.P.C are not compoundable. Accepting the submissions of the rival contestants and the learned Public Prosecutor for the State that the dispute is one which is personal and private between the parties, I am satisfied that the extraordinary inherent jurisdiction under Section 482 Cr.P.C can be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab to bring to termination the further proceedings in pursuance of Crime No.841 of 2008 of Kalamassery Police Station. In the absence of opposition from any quarter, I am satisfied that it is not necessary to advert to facts in any greater detail in this order. In the result: i) This Crl.M.C is allowed; ii) Crime No.841 of 2008 of Kalamassery Police Station is hereby quashed. (R.BASANT, JUDGE) rtr/-