IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 107 of 2009() ------------------------ CC.363/2005 of JUDL.MAGISTRATE OF FIRST CLASS - I,NORTH PARAVUR .................... PETITIONER(S): --------------- 1. PONNAN, S/O.PATHROSE, KONNATH HOUSE, KURUMBAN THURUTH, CHENDAMANGALAM, N.PARAVUR. 2. DARWIN, S/O.VAKACHAN, KALLUNGAL KURUMBANTHURUTH, CHENDAMANGALAM, N.PARAVUR. 3. MATHAI, S/O.THOMAS, PUTIYA VEETYL KURUMBATHURUTH, CHENDAMANGALAM, N.PARAVUR. 4. ALEXANDER, S/O.CHANDAPPAN, PADAMATTUMAL, KURUMBANTHURUTH, CHENDAMANGALAM, N.PARAVUR. 5. ROSHIN, S/O.THOMAS, PUTIYA VEETYL, DO.DO 6. POULS, S/O.ALEXANDER, PADAMATTUMAL, DO.DO. 7. SHAJU, S/O.THOMAS, PERUMANTHURUTHVEEDU, DO.DO. BY ADV. SRI.MANSOOR.B.H. SRI.ANJU MOHAN SRI.R.RENJITH RESPONDENT(S): --------------- 1. STATION HOUSE OFFICER(CRIME NO. 211/2005) VADAKKEKARA POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS @ TOMY, KONOTH VEEDU, KURUMBANTHURUTH, CHENDAMANGALAM, N.PARAVUR. ADV. SMT.M.K.SHIMI FOR R2 PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.107 of 2009 ---------------------------------------- Dated this the 20th day of January 2009 O R D E R Petitioners are accused 1 to 6 and 8 who face indictment in a prosecution for offences punishable inter alia under Sections 143,147 and 506(i) read with 149 I.P.C. All offences alleged except the offences punishable under Sections 143 and 147 are compoundable under Section 320 I.P.C. Investigation is complete. Final report has already been filed. Altogether 8 persons were arrayed as the accused. Petitioners are seven of them. 7th accused is no more and he has expired, it is submitted by the learned counsel for the petitioner and accepted by the respondent/State. 2. Petitioners have come before this court at this juncture to apprise this court of the fact that all outstanding disputes between the petitioners and the de facto complainant have been harmoniously settled and the second respondent has compounded all the offences allegedly committed by the petitioners. Inasmuch as some of the offences are non-compoundable, petitioners have been obliged to come before this court to seek premature termination of the proceedings by invocation of the extraordinary inherent jurisdiction under Section 482 Cr.P.C. The second respondent has entered appearance through counsel. The learned counsel confirms Crl.M.C.No.107/09 2 that the disputes have been settled and the offences have been compounded. An affidavit has been filed by the second respondent to confirm that fact. 3. 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 a fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [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 petitioner. The offences alleged are private and personal and no issue of public interest or public justice is involved. 4. In the result, a) This Crl.M.C is allowed. b) C.C No.363/05 pending before the learned J.F.C.M, North Paravur in which the petitioners are the accused and the second respondent is the victim is hereby quashed. 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 // True Copy// PA to Judge Crl.M.C.No.107/09 3 Crl.M.C.No.107/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008