IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Crl.MC.No. 2799 of 2008() ------------------------- S.C.NO.63/1997 (L.P.10/2001) OF ADDL.ASSISTANT SESSIONS JUDGE, KOLLAM PETITIONER: IST ACCUSED ----------------------- NIZAMUDEEN, S/O.JALALUDEEN, KAVADIYIL, MUNDAKKAL EAST WARD, KOLLAM EAST VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROISECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION. 3. SAJEEV, S/O.THAKAMANI, 'KARALI BHAVAN', MEENATHUCHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM. BY ADV. SRI.S.MOHAMMED AL RAFI FOR R3 PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2799 of 2008 ---------------------------------------- Dated this the 4th day of August 2008 O R D E R The petitioner along with three others faces indictment in a prosecution for offences punishable inter alia under Section 307 read with 34 I.P.C. Final report was filed. Cognizance was taken. The case was committed to the court of Session. The co- accused have already been found not guilty and acquitted. The case survives only as against the petitioner. The same is pending as L.P.No.10/01 before the Additional Assistant Sessions Judge, Kollam. Earlier the case was registered as S.C.No.63/97, it is submitted. 2. In the said prosecution, the crux of the allegations is that the petitioner had committed the said offences against the third respondent herein who was also a student along with the petitioner and the other accused. The petitioner is arrayed as the first accused in the case. 3. The petitioner, along with the third respondent, has now come before this court to apprise the court of the fact that by Annexure 3 agreement the parties have settled their disputes Crl.M.C.No.2799/08 2 willingly and voluntarily. In these circumstances, it is prayed that powers under Section 482 Cr.P.C may be invoked to bring to premature termination the prosecution against the petitioner. Though the offence is non-compoundable, it is prayed that the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] may be pressed into service and the unnecessary continuance of the further proceedings in S.C.No.63/97 (L.P.No.10/01) may be discontinued. The third respondent has appeared before court through counsel. It is confirmed that the matter is settled and the third respondent has compounded the offences alleged against the petitioner herein. 4. The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor, after taking instructions, submits that the State is satisfied that there has been a bona fide settlement of the disputes and in these circumstances State has no objection against invocation of the dictum in Madan Mohan (Supra). The dispute is private and personal one between the parties. There is no involvement of any public interest or public policy. Non-productive deployment of the time of the court can be saved by the closing of the Crl.M.C.No.2799/08 3 surviving prosecution against the petitioner by invoking the powers under Section 482 Cr.P.C, submits the learned Public Prosecutor. I am, in these circumstances satisfied that the composition can be accepted and further proceedings can be quashed. 5. In the result, a) This Crl.M.C is allowed. b) The prosecution against the petitioner inter alia under Section 307 I.P.C which is pending as L.P.No.10/01 (S.C.No.63/97) before the Additional Assistant Sessions Judge, Kollam is hereby quashed. c) Proceedings if any surviving under Section 446 Cr.P.C against the petitioner and/or his sureties shall, of course, continue. (R.BASANT, JUDGE) jsr Crl.M.C.No.2799/08 4 Crl.M.C.No.2799/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008