IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 4966 of 2008() ------------------------- AGAINST THE ORDER IN LPC 9/94 IN CC.347/1993 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER(S): ACCUSED NO.8 --------------- T.V.PRAKASAN, AGED 42, S/O.KUNHIRAMAN, SOPANAM, MAMAKKAUNNU, KADAMBUR, KANNUR. BY ADV. SRI.C.HARIKUMAR SMT.MADHURI ANAND RESPONDENT(S): STATE & DEFACTO COMPLAINANTS --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. MAHESH MANNARAKKAL KOYYODE, KANNUR 3. SHYAM SUNDER, VALAPPIL HOUSE, THAVYIL , KANNUR. ADDL. 4. K.P.SRIJITH, S/O.KARUNAKARAN.K, SREENIVAS, MANIYOOR, P.O., CHEKKIKULAM, KANNUR, NOW RESIDING AT B-501, SATELLITE PARK, CAVES ROAD, JOGESHWARI (E), MUMBAI-400 060. (Addl.R4 is impleaded as per order dt.19.01.09 in Crl.M.Appl.No.360 of 2009) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.ARAVINDA KUMAR BABU T.K. FOR R2-3 SRI.ARAVINDA KUMAR BABU T.K. FOR ADDL.R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4966 of 2008 ------------------------------------- Dated this the 28th day of January, 2009 ORDER Petitioner faces indictment in a prosecution for offences punishable under Sections 143, 147, 148 and 324 r/w 149 I.P.C. Altogether there were 11 accused persons. All the others except the petitioner, ie. the 8th accused, have already been tried, found not guilty and acquitted. The petitioner is the sole surviving accused in the prosecution, it is submitted. The dispute relates to an incident which took place in an educational institution. It is submitted that the dispute is one which is purely private and personal between the parties. Altogether there are 3 victims. They are arrayed as respondents 2, 3 and 4. The substantive offence punishable under Section 324 I.P.C is compoundable. But the offences alleged under Sections 143, 147 and 148 I.P.C are not compoundable. It is hence that the petitioners along with respondents 2 to 4 have appeared before this Court through counsel to report composition and to pray for quashing of further proceedings against the petitioner herein. Respondents 2, 3 and 4 have entered appearance through counsel. The counsel confirms settlement/composition. Necessary applications/ affidavit to confirm composition has already been filed. Crl.M.C. No.4966 of 2008 2 2. The learned counsel for the petitioner and respondents 2 to 4 pray; the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the extraordinary inherent jurisdiction available to this Court under Sect 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the surviving petitioner/8th accused. 3. In the result: a) This Crl.M.C is allowed; b) The prosecution pending against the petitioner herein as L.P.C.N.9 of 1994 before the Judicial Magistrate of the First Class-I, Kannur in which the petitioner is th sole surviving accused and respondents 2 to 4, the alleged victims is hereby quashed; c) The learned Magistrate shall take necessary steps to make relevant entries in the concerned documents to evidence the quashing of proceedings; d) Needless to say, proceedings, if any, pending against the petitioner and his sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-