IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.MC.No. 1345 of 2011() ------------------------------------- SC.NO. 1420/2010 of ADDL.ASSISTANT SESSIONS COURT, KOLLAM CRIME NO.122/2005 OF KARUNAGAPPALLY POLICE STATION .................... PETITIONER(S): ACCUSED NO.1 & 3 ---------------------------------------------------- 1. RATHEESH, AGED 33, S/O. RADHAKRISHNANUNNITHAN, RATHEESH BHAVANAM, NEAR GOVT. L.P.SCHOOL, MANAPPALLY, MANAPPALLY VADAKKUMMURI, PAVUMBA VILLAGE. 2. SHIJU, AGED 30 YEARS, S/O. RAMACHANDRAN PILLAI, SHIJU BHAVANAM, NEAR GOVT. L.P.SCHOOL, MANAPPALLY MANAPPALLY VADAKKUMMURI, PAVUMBA VILLAGE. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): DEFACTO COMPLAINANT ---------------------------------------------------------------- 1. THE STATE OF KERALA, REREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. VISHAL, AGED 33 YEARS, S/O. SASIDHARAN PILLAI, KOCHAYYATH VEEDU, VADAKKUMMURI KIZHAKKU,THAZHAVA VILLAGE, KARUNAGAPPALLY TALUK. R2 BY ADV. SRI.K.V.AJAYAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1345 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of May, 2011 O R D E R This is a petition filed by accused 1 and 3 in S.C. No.1420/2010 of Addl. Assistant Sessions Court, Kollam arising from Crime No.122/2005 of Karunagappally Police Station to quash all further proceedings in the above case, as the matter has been settled between the petitioners and the second respondent/de facto complainant. 2. The allegation against the petitioners was that they along with second accused attacked the de facto complainant/second respondent, causing him injuries and there by committed offences punishable under sections 341, 294(b), 324 and 308 read with section 34 IPC. The second accused faced the trial and was acquitted by judgment of the lower court in S.C.No.214/2006. As the petitioners were absconding, the case against them was split up and re-filed as S.C. No.1420/2010. Now the petitioners have settled the CRMC 1345/2011 2 matter with the second respondent/de facto complainant. Annexure-A2 is the said agreement. The petitioners pray that all further proceedings in the above matter may be quashed. 3. Notice given to Public Prosecutor. Adv. Sri. K.V.Ajayakumar appears for the second respondent/de facto complainant. He has also submitted that the matter has been settled between the parties. 4. The offences alleged against the petitioners are under sections 341, 294(b), 324 and 308 read with section 34 IPC. Offences punishable under sections 341 and 324 IPC are compounded. Offences punishable under section 294(b) and 308 IPC are non-compoundable. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC)) and also in Madan Mohan Abbot V. State of Punjab (2008 (3) KLT 19 (SC)) that though the offences alleged against the petitioner were non-compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution, the entire CRMC 1345/2011 3 proceedings can be quashed, exercising the powers under section 482 of Cr.P.C. In the present case the petitioners have settled the matter with the second respondent/de facto complainant. Therefore, no useful purpose will be served in keeping the case pending. That apart, the dispute was purely a personal one between the petitioners and the second respondent and there was no public policy involved in the nature of the allegations made against the petitioners. Therefore, in the light of the principles laid down in the above decisions and in the light of Annxure-A2 agreement and for the reasons stated above, I feel that the entire proceedings in S.C. No.1420/2010 on the file of the Addl. Assistant Sessions Court, Kollam can be quashed. 5. In the result, this petition is allowed. All further proceedings in S.C.No.1420/2010 of the Addl. Assistant Sessions Court, Kollam arising from Crime No.122/2005 of Karunagappally Police Station are hereby quashed. P.Q.BARKATH ALI, JUDGE . mn.