IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4817 of 2008() ------------------------- CRIME NO. 466/03 OF NADAKKAVU POLICE STATION CC.164/2007 of JUDL. MAGISTRATE OF FIRST CLASS-IV, KOZHIKODE .................... PETITIONER(S): VICTIM-DEFACTO COMPLAINANT AND ACCUSED: ------------------------------------------------------ 1. K.NAZAR, AGED 43 YEARS, S/O.ABDUL RAHMAN, KODAMPATTIL, MOOZHIKKAL, CHELAVUR AMSOM DESOM P.O., CHELAVUR, CALICUT. 2. RAMESHAN.K.P., AGED 32 YEARS, S/O.BHASKARAN, KALATHIPARAMPA HOUSE, FLORICKAN ROAD, CIVIL STATION P.O., CALICUT-20. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4817 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 O R D E R The petitioners are the sole victim and the sole accused in a prosecution for the offence punishable under Section 326 I.P.C. Crime was registered. Investigation was conducted. Final report was filed. Cognizance has been taken. Trial has already commenced and the matter stands posted for S.313 examination of the accused. 2. At this juncture the petitioners have come before this Court to apprise this court of the fact that all the disputes have been settled and the first petitioner has compounded the offences allegedly committed by the second petitioner. They were both available at a taxi stand and the alleged motive was the non- compliance by the victim of the terms regarding preferential engagement of taxis. A joint affidavit has been filed by the petitioners. The counsel confirms that the disputes have been harmoniously settled. It is further pointed out that there is only a Crl.M.C.No. 4817 of 2008 2 simple fracture of the nasal bone to attract the offence under Section 326 I.P.C. 3. The learned counsel for the petitioners submits that the disputes between the parties is purely personal and private. The victim has compounded the offence. In these circumstances it is totally unnecessary to continue with the prosecution, which has now become irrelevant and unnecessary. 4. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that this is an eminently fit case where the powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. C.B.I. (2008 (3) KLT 769) 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 petitioner. 4. In the result: a) This Crl.M.C. is allowed. Crl.M.C.No. 4817 of 2008 3 b) The prosecution pending before the J.F.M.C.-IV, Kozhikode as C.C. 164 of 2007 in which the petitioners are the defacto complainant and the accused respectively, is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner/accused and the sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm