IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 3999 of 2008() ------------------------- CC.223/2007 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): ACCUSED 1 AND 4: ------------------------------- 1. MOHAMMED ASHAS, S/O.MUHAMMED, PALLIPURAM HOUSE, IRUMBUZHI. 2. ABDUL BASHEER, S/O.HAMZA, CHALIL KIZHANGUMTHODI HOUSE, IRUMBUZHI. 3. SADATH, S/O.UNNEEN, KIZHAKKETHALAKKAL HOUSE, IRUMBUZHI. 4. SHAMSUDHEEN, PARAMBANPUTHANPURAKKAL HOUSE, ANAKKAYAM, IRUMBUZHI. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): STATE & DEFACTO COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION MALAPPURAM (REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) 2. UNNIKRISHNAN, S/O.SUKUMARAN, ERANADU, MALAPPURAM. ADV. SRI.KKM.SHERIF FOR R2 SRI.LAL K.JOSEPH FOR R2 SRI.A.A.ZIYAD RAHMAN FOR R2 SMT.SHEENA SAMUEL FOR R2 PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3999 of 2008 ---------------------------------------- Dated this the 31st day of October 2008 O R D E R Petitioners are accused 1 to 4 and they face indictment in a prosecution for offences punishable inter alia under Section 365 read with 149 I.P.C. There was a case and a counter case. Accused 5 to 10 in the case have already faced trial. They have been found not guilty and acquitted. The case against the petitioners has been split up and refiled. It is still pending. 2. At this juncture, the petitioners have come before this court along with the second respondent, the alleged victim. The crux of the allegations is that the second respondent who allegedly had indecently assaulted the wife of one of the accused was forcibly taken away/kidnapped/abducted by the accused persons. There was a counter case also. The counter case has also been settled and compromised now, it is submitted. At this juncture, the petitioners and the second respondent have come before this court to apprise this court of the fact that all outstanding disputes between the petitioners and the second respondent have been settled harmoniously. The second respondent has compounded the offences allegedly committed by the petitioners. In these circumstances, settlement/composition Crl.M.C.No.3999/08 2 may be accepted and premature termination of the unnecessary and irrelevant prosecution may be ordered invoking 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] and Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)]. 3. Notice was given to the learned Public Prosecutor. He raises no objections. The dispute being one which is personal and private between the parties and the parties having compromised and compounded the offences, I am satisfied that the prayer can be allowed. 4. In the result, a) This Crl.M.C. is allowed. b) C.C.No.223/2007 pending before the learned J.F.C.M, Malappuram against the petitioners in which the second respondent is the de facto complainant 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.3999/08 3 Crl.M.C.No.3999/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008