IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 3298 of 2008() ------------------------- CC.298/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONERS:ACCUSED: -------------------------------------- 1. SANTHOSH N.K., AGED 24, S/O. JANARDHANAN, NELLOR KERACHAN VEEDU, THIMIRI AMSOM, PERUMBADAVU,KANNUR. 2. SHAN, AGED 27, S/O. RAJAN JOSEPH, VELLARINGATTU HOUSE, VELLORA AMSOM, KARIPPAL, KANNUR. 3. JERRY, S/O. JOHNSON, AGED 21, VELLARINGATTU HOUSE,THIMIRI AMSOM, KANNUR. 4. JAISON, AGED 22, S/O. JOHNSON, ...DO.... 5. SHINE JOSEPH, S/O. RAJAN JOSEPH, AGED 19, VELLARINGOTTU HOUSE, VELLORA AMSOM, KARIPPAL. 6. RAJAN JOSEPH, S/O. JOSEPH AGED 55, VELLARINGOTTU HOUSE, DO..DO.... BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS: FORMAL PARTY:COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. S.H.O. PERINGOME, KANNUR. *ADDL.R3 & R4 ARE IMPLEADED: R3. DEEPU, S/O.THANKACHAN, VELLARINGATTU HOUSE, THIMIRI AMSOM, KANNUR. R4. SAJI FRANCIS, S/O.FRANCIS, VETTUKALLAMKUZHI HOUSE, THIMIRI, KANNUR. (*ADDL.R3 & R4 ARE IMPLEADED AS PER ORDER DTD.29/08/2008 IN CRL.M.A.NO.4638/08) BY PUBLIC PROSECUTOR SRI. GIKKU JACOB - R1 BY ADV. SRI.D.AJITHKUMAR - ADDL.R4. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3298 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September, 2008 O R D E R The petitioners 2 to 6 along with Addl. third respondent face indictment for offences punishable under Sections 143, 147, 148, 323, 324 and 427 r/w. 149 I.P.C. The first petitioner herein as also the Addl. 4th respondent are the injured/victims in the said crime, which was registered initially as Crime No.31 of 2007. After completing the investigation final report was filed and cognizance was taken by the learned Magistrate as C.C.No. 298 of 2007. The case is pending before the JFMC, Pannayyur. Essentially and basically the dispute is one between the accused and the victims. A counter case has also been registered. That crime was registered as crime No.28 of 2007. Investigation in that case is also complete. Final report has been filed. Cognizance has been taken by the learned Magistrate. The same is pending as C.C.214 of 2007 before the same court. 2. During the pendency of these two proceedings the family members have settled their disputes and it is now prayed Crl.M.C.No. 3298 of 2008 2 that the prosecution against the indictees in C.C. 298 of 2007 may be quash4ed. All the substantive offences alleged are compoundable, but offences under Sections 143, 147 and 148 I.P.C. are not compoundable. The 5th petitioner has now secured an employment and the pendency of the proceedings is operating to his prejudice. The accused persons as well as the injured persons have come before this Court to report to this Court the fact of settlement with a prayer that some of the offences, though not compoundable, powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) may be invoked to bring to premature termination the prosecution against the petitioners. They are making the necessary application for quashing of the connected case, C.C.214 of 2007 also, but as signatures of some more parties are to be obtained, the same has not been filed yet, it is submitted. The 5th petitioner has to immediately join employment and in these circumstances it is prayed that this Crl.M.C. may be disposed of expeditiously. Crl.M.C.No. 3298 of 2008 3 3. Considering the urgency, notice was given to the learned Prosecutor, who, after taking instructions submits that the police is satisfied that the disputes between the parties have been settled amicably and the first petitioner as well as Addl. 4th respondent have settled their disputes. They have compounded the offences allegedly committed by the accused persons. In as much as the substantive offences are compoundable and the parties have settled their disputes, ignoring the technicality that the offences under Sections 143, 147 and 148 I.P.C. are not compoundable under Section 320 I.P.C., the request may be accepted and the proceedings may be brought to premature termination, submits the learned Prosecutor. 4. The first petitioner and the additional 4th respondent have entered appearance through counsel to satisfy the court of the fact of settlement. They have filed joint application for composition. 5. I am satisfied in the facts and circumstances of this case that the parties have willingly and voluntarily settled their disputes and on account of such genuine settlement the first petitioner and the additional 4th respondent have compounded the offences allegedly Crl.M.C.No. 3298 of 2008 4 committed by the accused persons. I am satisfied that if legally permissible and possible, the composition can be accepted and the proceedings can be brought to premature termination. 6. But the offences under Sections 143, 147 and 148 I.P.C. Are not compoundable under Section 320 Cr.P.C. The learned counsel are correct in their submission that reliance must be placed in the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19). That decision is authority for the proposition that the ground realities must be taken note of by the court and bereft of unnecessary technicalities when the substantive offences are compoundable, further proceedings can be quashed. I am satisfied that this is an eminently fit case where powers under section 482 Cr.P.C. as enabled by the dictum in Madan Mohan (supra) can be invoked and the proceedings can be brought to premature termination. 7. In the result: a) This Crl.M.C. is hence allowed. b) C.C. No. 298 of 2007, pending before the Judicial First Class Magistrate, Payyannur against petitioners 2 to 6 and the the 3rd Crl.M.C.No. 3298 of 2008 5 respondent is hereby quashed. c) Proceedings under Section 446 Cr.P.C., if any, pending against the accused persons shall be disposed of by the learned Magistrate in accordance with law. (R. BASANT) Judge tm