IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 150 of 2009() ------------------------ CRIME NO.879/08 OF THE PALARIVATTOM POLICE STATION. .................... PETITIONER(S): ACCUSED NOS.1 & 3 -------------------------------- 1. PRAMOD KRISHNAN.K., AGED 39, S/O.LATE UNNIKRISHNAN NAIR, MANAGER, SALES AND MARKETING, CENTURY WELLS ROOFING INDIA,PVT LTD 32/2838 D, AMBILI NEAR THAMMANAM POST OFFICE, THAMMANAM P.O., KOCHI - 682 032. 2. NARAYANA MURTHY, AGED 52, S/O.LATE N.SHESHAN, CHIEF EXECUTIVE OFFICER, CENTURY WELLS ROOFING INDIA, PVT LTD 32/2838 D, AMBILI NEAR THAMMANAM POST OFFICE, THAMMANAM P.O., KOCHI - 682 032. BY ADV. SRI.M.L.SAJEEVAN RESPONDENT(S): --------------- 1. MOHANAN, PROPRIETOR, SREE BHADRA CONSTRUCTIONS V/365, MURUTHATTIL, KANJIRAMATTOM P.O. KOCHI - 682 315. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. 3. FASAL ISSADEEN, DIRECTOR, M/S. CENTURY WELLS INDIA PVT. LTD., 5/216, OLD MAHABALIPURAM ROAD, KANDANCHAVADI, CHENNAI. ADDL. R3 IS IMPLEADED AS PER ORDER IN CRL.M.A. NO.629/09 DATED 30/1/09. ADV. SRI.P.LEAN JOSE FOR R1 PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 150 of 2009 ------------------------------------------------- Dated this the 30th day of January, 2009 ORDER The petitioners are two of the three accused who face allegations in a crime registered alleging offences punishable under Secs.120B, 416, 409 and 420 IPC. The additional 3rd respondent is the co-accused. Altogether, there are 3 accused persons. The crime was registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Sec.156(3) Cr.P.C. Investigation is in progress. Final report has not been filed yet. 2. Investigation is pending. The petitioners, along with the 1st respondent/de facto complainant, have come before this Court now to apprise this Court of the fact that all outstanding disputes between the parties have been settled and the 1st respondent has compounded the offences allegedly committed Crl.M.C. No. 150 of 2009 -: 2 :- by the petitioners and the additional 3rd respondent. The 1st respondent has entered appearance through counsel. An affidavit has been filed by him to confirm such settlement/ composition. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits and I accept that the dispute is one which is purely private and personal between the accused persons and the de facto complainant. 4. The learned counsel for the petitioners and the 1st respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction available to this Court 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) can safely be invoked to bring to premature termination the unnecessary and irrelevant continuation of the proceedings in the crime registered. 5. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.879/08 registered at the Palarivattom Police Crl.M.C. No. 150 of 2009 -: 3 :- Station and all further proceedings in the investigation of that crime in which the petitioners and the additional 3rd respondent are the accused and the 1st respondent is the de facto complainant/informant is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge