IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4446 of 2008() ------------------------- CC.720/2007 of J.F.C.M, KOTHAMANGALAM .................... PETITIONERS: ACCUSED --------------- 1. SOORAJ, S/O.RAMACHANDRAN, 21 YEARS KEERELIMALA VEETTIL, KEERELIMALA BHAGOM ATHANI KARA, KAKKANAD VILLAGE, ERNAKULAM. 2. ANEESH, S/O.ANWAR, 21 YEARS, VALIYAPARA- MB VEETTIL, NORTH PARAVUR VILLAGE, VEDIMARA KARA VEDIMARA BHAGOM. 3. DEEPESH, S/O.SHAJI, 21 YEARS, PUTHENVELI VEETTIL, PUTHENKAVU TEMPLE BHAGOM, PARANADAVU VILLAGE, ELAVOOR KARA, PARANADAVU VILLAGE. 4. ARUN, S/O.ASHOK KUMAR, 20 YEARS RAGHAVEEYAM VEETTIL, PANAVALLY VILAGE, PANAVALLY KARA, PANAVALLY BHAGOM, ALAPPUZHA. 5. ANOOP ANTONY, S/O.BASIL, 20 YEARS, PULIKKAL VEEDU, NO.46, NAVAL BASE QUARTERS, RAMESWARAM VILLAGE, ERNAKULAM. 6. RASHEEL JOHN AROOJA, S/O.ROYICHAN, 21 YEARS, KANDETHIPARAMBIL VEETTIL, MUNDANVELI KARA, MUNDANVELI BHAGAOM, RAMESHWASRAM VILLAGE, ERNAKULAM. 7. PRATHAPAN, 21 YEARS, PERUMPALLIL VEETTIL HMT COLONY, KALAMASSERY KARA, EDAPPALLY VILLAGE, ERNAKULAM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): STATE & COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, INVESTIGASTING OFFICER IN CRIME NO,911/2007 OF KOTHAMANGALAM POLICE STATION. 2. AMEEN, S/O.MOIDEEN, 21 YEARS THADATHIKKUNNEL HOUSE POTHANIKKAD VILLAGE, PALLARIMANGALAM KARA, PALLARIMANGALAM BHAGOM. PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.RENJITH THOMAS FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4446 of 2008 ---------------------------------------- Dated this the 26th day of November 2008 O R D E R Petitioners face indictment in a prosecution for offences punishable inter alia under Section 326 read with 149 I.P.C. Final report has already been filed and cognizance has been taken. Altogether there are seven accused persons and the petitioners are such accused persons. The crux of the allegations is that in the course of an incident between two sets of students, the second respondent herein was assaulted and he suffered an insignificant fracture of the finger. 2. Trial has not commenced. At this stage, the petitioners along with the second respondent have come before this court through their counsel to apprise this court of the fact that the parties have settled their disputes and the victims/ second respondent has compounded the offences allegedly committed by the petitioners. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor accepts that the matter has been settled and the second respondent has compounded the offences Crl.M.C.No.4446/08 2 allegedly committed by the petitioners. The second respondent has appeared before this court and had filed an affidavit to confirm such settlement/composition. 4. The learned counsel for the petitioners and the second 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 Section 482 Cr.P.C can safely be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] to quash the prosecution against the petitioners which has become unnecessary and irrelevant now. The learned Public Prosecutor accepts and I am satisfied that the dispute is one which is purely private and personal between the parties. No issues of public justice or public interest are involved. The grievous hurt suffered, it is submitted, is an insignificant fracture of the finger bone. 5. In the result, a) This Crl.M.C is allowed. b) C.C No.720/07 pending before the learned J.F.C.M, Kothamangalam against the petitioners in which the second respondent herein is the victim is hereby quashed. Crl.M.C.No.4446/08 3 c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4446/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008