IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 4730 of 2010 --------------------------------------- CC.914/2008 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONERS/ACCUSED: 1. VALIYANDI AMMED, AGED 40 YEARS, S/O.IBRAYI, (P.O) MANTHARATHOOR, VADAKARA TALUK, KOZHIKODE(DIST.). 2. VALIYANDI POYIL KARIM, S/O.ABDULLA, AGED 32 YEARS, (PO) MANTHARATHOOR, KOZHIKODE(DIST). BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS/COMPLAINANT AND STATE: 1. MANAKKAL MEETHAL BALAKRISHNAN, S/O.RAMAN NAIR, (P.O)THODANNOOR, (VIA)VADAKARA - 673 101. 2. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, COCHIN. ADDL.R3 IMPLEADED MONY ALIAS ATHSAN, CHENDARATHUR AMSOM, KODANNUR DESOM, VIA VADAKARA, KOZHIKODE DISTRICT - 673 101. Impleaded as per order dated 23.12.2010 in Crl.M.A. 8150/2010 BY ADV. SRI.GHOSH YOHANNAN FOR R1 PUBLIC PROSECUTOR SRI.I.V.PRAMOD FOR R2 ADV.SRI.GHOSH YOHANNAN FOR ADDL.R-3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4730 of 2010 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant, in C.C.No. 914/2008 on the file of Judicial First Class Magistrate's Court, Vadakara, taken cognizance for the offences under Sections 323, 324, 341 and 427 read with Section 34 of Indian Penal Code. Petitioners were originally accused 2 and 3 in C.C. No.39/2006. As petitioners were absconding, case against them was split and refiled. Accused 1 and 4 were tried by the learned Magistrate. By Annexure- IV order, learned Magistrate granted permission to compound the offences. Hence, case against accused 1 and 4 was compounded as provided under Section 320(8) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against them contending that disputes against them are also CRMC 4730/10 2 settled and therefore, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners, respondents 1 and 3 and learned Public Prosecutor were heard. 3. Respondents 1 and 3 appeared through a counsel and submitted that entire disputes were settled. Third respondent filed a separate affidavit stating that he has settled all the disputes and therefore, he has no objection for quashing the proceedings. In fact, third respondent got himself impleaded in this petition. First respondent filed a joint petition along with the petitioners stating that as he has settled all the disputes with the petitioners, he has no objection for quashing the proceedings. 4. Offences are compoundable. Offences against accused 1 and 4 were already compounded. Affidavit filed by the third respondent and the joint petition filed by the petitioners and the first CRMC 4730/10 3 respondent establish that entire disputes were settled and they have compounded the offences. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.914/2008 on the file of Judicial First Class Magistrate's Court, Vadakara is quashed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv