IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Crl.MC.No. 1880 of 2009() ----------------------------------- CC.108/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONERS/ACCUSED ---------------------------------- 1. RIYAS,AGED 28 YEARS,S/O.ALIKUNJU, RESIDING AT KOLLAMPARAMBIL, KOTTAMKULANGARA WARD,ALAPPUZHA. 2. KOYA,AGED 55 YEARS,S/O.YUSUF, SAJINI MANZIL,VALIYAKULAM WARD,ALAPPUZHA. 3. SHANAVAS,AGED 32 YEARS,S/O.ALIKUNJU, KOLLAMPARAMBIL VEEDU,KOTTAMKULANGARA WARD, ALAPPUZHA. BY ADV. MR.SYAM J SAM RESPONDENTS/STATE,DEFACTO COMPLAINANT & WITNESS ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, NORTH POLICE STATION,ALAPPUZHA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SHEMIM, AGED 31 YEARS,D/O.ABDUL RAHMAN, PARAMBANS HOUSE,KOLLAMPARAMBU, KOTTAMKULANGARA WARD,ALAPPUZHA. 3. SHEHIN,AGED 26 YEARS,S/O.ABDUL RAHMAN, KOLLAMPARAMBIL VEEDU,KOTTAMKULANGARA WARD, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB R2 & R3 BY ADV. MR.G.PRIYADARSAN THAMPI . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1880 of 2009 ORDER ON CRL. MA. NO.3112/2009 IN CRL. MC.NO.1880/2009. DISMISSED 17/06/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1880 OF 2009 =========================== Dated this the 17th day of June,2009 ORDER Accused in C.C.108/2009 on the file of Judicial First Class Magistrate Court-I, Alappuzha filed this petition under section 482 of Code of Criminal Procedure contending that dispute of the petitioners with respondents 2 and 3, the de facto complainant and the injured were settled and in such circumstance, there is no necessity to proceed with the case. 2. Learned counsel appearing for the petitioners and learned counsel appearing for respondents 2 and 3 and learned Public Prosecutor were heard. 3. An affidavit is filed by the second respondent reiterating that the dispute of respondents 2 and 3 with the petitioners were resolved and they have no intention to proceed with the case and hence they have no objection to quash the proceedings. 4.The prosecution case against petitioners is that they committed offences under section 447,451, 294(b), 354, 506(ii) read with section 34 of Indian Penal Code. All the offences except the offence under Crl.M.C.1880/2009 2 section 294(b) and 506(ii) are compoundable. Though the offence under section 294(b) and 506(ii) are not compoundable, when the dispute with the petitioners is settled by respondents 2 and 3 and the offence alleged against the petitioners is purely personal against respondents 2 and 3 and in view of the settlement there is no chance of a successful prosecution, if petitioners are to be directed to undergo the ordeal of trial it would result in unnecessary waste of valuable time of the court. In such circumstance, in the interest of justice, C.C.108/2009 on the file of Judicial First Class Magistrate Court-I, Alappuzha as against the petitioners is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006