IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.MC.No. 4904 of 2008() ------------------------- CR.NO.819/08 OF THE TALIPARAMBA POLICE STATION. PETITIONER(S): --------------- 1. JAFFER @ JAFFER SADIQUE, S/O. ABDULLA, AGED 35 YEARS, MADATHIL HOUSE, MUTHUKUDA, P.O.PATTUVAM, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. AMDI @ HAMID, S/O. MUHAMMED, AGED 22 YEARS, KUTTUKKAN HOUSE, VELLIKEEL P.O., ARIYIL, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. SHAFEEQUE, S/O. ABDULLA, AGED 23 YEARS KANNANKEEL HOUSE, VELLLIKEEL P.O. ARIYIL, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. SIYAD, S/O. ALI, AGED 22 YEARS, KADAVAN HOUSE, VELLIKKEEL , P.O. ARIYIL, PATTUVAM AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. 5. HAMEED, S/O. MUHAMMED, AGED 22 YEARS, KANNANKEEL HOUSE, VELLIKKEEL P.O. ARIYIL, PATTUVAM AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. 6. RASHID, S/O. IBRAHIM, AGED 22 YEARS, KANNANKEEL HOUSE, VELLIKKEEL P.O. ARIYIL, PATTUVAM AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI -2- RESPONDENT(S): --------------- 1. THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2. BAVISH, S/O. BALAKRISHNAN, AGED 22 YEARS, CHAPPAYIL HOUSE, PATTUVAM AMSOM, ARIYIL DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4904 of 2008 ------------------------------------------------- Dated this the 13th day of January, 2009 ORDER The petitioners face allegations in a crime registered alleging offences punishable under Secs.143, 147, 148, 341, 323, 324 and 326 read with Sec.149 IPC. Subsequently, the allegation under Sec.326 IPC has been withdrawn and the allegation under Sec.308 IPC has been included. The crux of the allegations is that the accused persons – 6 in number, came to a bus shed armed with weapons and assaulted the de facto complainant/victim. He suffered simple injuries. But there is an allegation that if the weapons had made contact as intended, it would have resulted in much grievous injuries. 2. Investigation is in progress. Final report has not been filed yet. At this juncture, the petitioners have come before this Court along with the victim/de facto complainant i.e., the Crl.M.C. No. 4904 of 2008 -: 2 :- 2nd respondent herein to apprise this Court of the fact that the parties have willingly and voluntarily settled all their outstanding disputes. The 2nd respondent has compounded the offences allegedly committed by the petitioners. Injuries suffered are simple and the allegation under Sec.308 IPC has been raised without any valid justification. In any view of the matter, the parties have settled the disputes and no issues of public interest or public justice having been involved in the nature of the allegations raised, the application for composition may be accepted and invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and Manoj Sharma v. State (2008 (4) KLT 417) further proceedings in the crime may be quashed, it is prayed. 3. The 2nd respondent has entered appearance through counsel. He confirms the settlement/composition. An agreement entered into between the parties duly signed by the petitioners and the 2nd respondent is produced as Annexure-A2. The 2nd respondent has filed an affidavit also to confirm such composition/settlement. The affidavit and the agreement reveal that an amount of Rs.12,000/- has been paid to the 2nd Crl.M.C. No. 4904 of 2008 -: 3 :- respondent/victim as compensation. 4. The application for composition is not opposed. The learned Public Prosecutor, however, points out that there are indications to suggest that the settlement has been reached by intervention of the political party activists and there is a suggestion in the FIR itself which reveals that there was political animosity between the parties. 5. Be that as it may, I am satisfied that this is an eminently fit case where invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the three decisions referred above the premature termination of the proceedings can be brought about. 6. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.819/08 of the Taliparamba Police Station in which the petitioners are the accused and the 2nd respondent is the de facto complainant/victim is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4904 of 2008 -: 4 :-