IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Crl.MC.No. 44 of 2009() ----------------------- C.C.NO.62 OF 2008 OF J.F.M.C, MUVATTUPUZHA CRIME NO.1060/07 OF MUVATTUPUZHA POLICE STATION PETITIONER(S): ACCUSED NO.1 TO 5 -------------------------------- 1. KAMARUDEEN,AGED 25 YEARS,S/O.MUHAMMADALI RESIDING AT PLAMOOTTIL HOUSE, PUTHUPADY P.O. PERUMATTOM, VELLOORKUNNAM VILLAGE, KAVUNKARA KARA MUVATTUPUZHA 2. MOHAMMED SALLY AGED 26 YEARS, S/O.AMEER ALI, RESIDING AT PLAMOOTTIL HOUSE, PUTHUPADY P.O. PERUMATTOM, VELLOORKUNNAM VILLAGE, KAVUNKARA KARA, MUVATTUPUZHA 3. AFSAR ALI, AGED 21 YEARS, S/O. MUHAMMADALI, RESIDING AT PLAMOOTTIL HOUSE, PUTHUPADY P.O. PERUMATTOM, VELLOORKUNNAM VILLAGE KAVUNDARA KARA, MUVATTUPUZHA. 4. ADBUL SALAM AGED 44 YEARS, S/O. MOHAMMED, RESIDING AT PLAMOOTTIL HOUSE, PUTHUPADY P.O. PERUMATTOM, VELLOORKUNNAM VILLAGE KAVUNKARA KARA, MUVATTUPUZHA. 5. HUSSAIN AGED 20 YEARS, S/O.ABDUL SALAM RESIDING AT PLAMOOTTIL HOUSE, PUTHUPADY P.O. PERUMATTOM, VELOORKUNNAM VILLAGE, KAVUNKARA KARA, MUVATTUPUZHA. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REP. BY THE SUB INSPECTOR MUVATTUPUZHA IN CR.1060/2007 2. SHEFIN AGED 20 YEARS, S/O.NAZEER, RESIDING AT KUTTIYIL HOUSE, PUTHUPADY P.O. PERUMATTOM, VELLOORKUNNAM VILLAGE, KAVUNKARA KARA MUVATTUPUZHA. Crl.MC.No. 44 of 2009 - 2 - 3. ANISH AGED 22 YEARS, S/O.BASHEER, RESIDING AT CHANKKUNGAL KUDIYIL HOUSE, KAVUNKARA KARA, VELLOORKUNNAM VILLAGE. 4. NAJAZ,AGED 22 YEARS, S/O.RASHEED, RESIDING AT PALATHINKAL PUTHENPURAYIL HOUSE, KAVUNKARA KARA, VELLOORKUNNAM P.O. 5. SHIJU,AGED 26 YEARS, S/O.BASHEER, ] RESIDING AT MULLUMPURAM HOUSE, KAVUNKARA KARA, VELLOORKUNNAM VILLAGE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.O.S.JAFARKHAN FOR R2-5 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.44 of 2009 ------------------------------------- Dated this the 12th day of January, 2009 ORDER Petitioners face indictment as accused 1 to 5. They face allegations for offences punishable, inter alia, under Sections 143, 147, 148 and 326 r/w 149 I.P.C. All other offences alleged are compoundable offences. Investigation is complete. Final report has already been filed. Cognizance has been taken. Trial has not commenced. 2. At this juncture the petitioners have come to this Court along with respondents 2 to 5-the alleged victims, to report to the Court the fact that the parties have settled their disputes harmoniously and the victims have compounded all the offences including non compoundable offences allegedly committed by the petitioners. Respondents 2 to 5/victims have also entered appearance and have filed a joint application for composition. An affidavit has also been filed by the 2nd respondent to confirm such composition/settlement. 3. The learned counsel for petitioners 1 to 5 (accused) and respondents 2 to 5 (victims) 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 Section 482 Cr.P.C as enabled by the dictum in Crl.M.C. No.44 of 2009 2 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 surviving prosecution against the petitioners, which has now become irrelevant and unnecessary. In coming to this conclusion, I take note of the submission made by the learned Public Prosecutor that the dispute raised is one which is purely private and personal between the accused and the victims and that no issue of public justice or public interest is involved in this prosecution. Though in the F.I.R, six accused were arrayed, in the final report, allegations have been raised only against the petitioners, it is submitted. In the result: a) This Crl.M.C is allowed; b) The prosecution against the petitioners pending before the learned Judicial Magistrate of the First Class, Muvattupuzha as C.C.No.62 of 2008, in which respondents 2 to 5 are the victims, is hereby quashed; c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-