IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 4963 of 2008() ------------------------- CC.575/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): RESPONDENT ------------------------- 1. JAFFER ARAYAPPURAM, AGED 26 YEARS, S/O.MUHAMMED KUNHI, UMMINIYANAM, PADYOTCHAL P.O., PAYYANNUR, KANNUR DISTRICT. 2. SHIHABUDEEN C.P. AGED 26 YEARS, S/O. ADBULLA, UMMINIYANAM, PADIYOTCHAL, PAYYANNUR (VIA) KANNUR DISTRICT. 3. BASHEER.M.V.S/O.ABOOBACKER, THATTUMMAL, THATTUMMAL P.O. CHERUPUZHA (VIA) BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT -------------------------- 1. ISMAIL NANGARATH, S/O.O.ABDULA, PERINGOME, THALIPARAMBA TALUK,KANNUR DISTRICT. 2. RAFEEQ M.T.P. S/O. C.H.ABDULLA, VAYAKKARA, TALIPARAMBA, KANNUR DISTRICT. 3. A.P.HASSASN,S/O.MAYIN, PERINGOME, THALIPARAMBA, KANNUR DISTRICT. 4. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 & R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4963 of 2008 ---------------------------------------- Dated this the 1st day of January 2009 O R D E R The petitioners herein are accused 2 to 4 in a prosecution initiated against accused persons inter alia under Sections 143,147,148 and 326 read with 149 I.P.C. Altogether there were nine accused persons. All the others who faced trial have now been found not guilty and acquitted. The case against the petitioners, that is accused 2 to 4 was split up and refiled as C.C.No.60/08. The offences alleged include non-compoundable offences. At this stage, the petitioners along with the victims, that is respondents 1 to 3 have come before this court to apprise this court of the fact that they have settled all their outstanding disputes. It is reported that respondents 1 to 3 have compounded the offences allegedly committed by the petitioners. In these circumstances, it is prayed that the extraordinary inherent jurisdiction available to this court 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] may be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioners. It is brought to Crl.M.C.No.4963/08 2 my notice that a connected counter case has also been settled and the composition has been accepted as per the order in Crl.M.C.No.4196/2008 passed today. 2. The learned counsel for the petitioners and respondents 1 to 3 pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the request made by the petitioners can be accepted. In coming to this conclusion, I take note of the submissions of the learned Public Prosecutor that the offences alleged are purely private and personal between the parties and no issues of public justice or public interest are directly involved. 3. In the result, a) This Crl.M.C. is allowed. b) C.C.No.60/08 pending before the learned J.F.C.M, Payyannur against the petitioners and respondents 1 to 3 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 Crl.M.C.No.4963/08 3 Crl.M.C.No.4963/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008