IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Crl.MC.No. 224 of 2009() ------------------------ CRIME NO.757/2008 OF CHAVAKKAD POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. APPU, S/O. ADIMU, PUNNA VEEDU, EDAKKAZHIYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. KARUNAKARAN, S/O. ADIMU, PUNNA VEEDU, EDAKKAZHIYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT. 3. CHANDRAN, S/O.AIMU, PUNNA VEEDU, EDAKKAZHIYUR, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. LAKSHMANAN, S/O.CHAKKAPPAN,KAVUNGAL HOUSE, EDAKKAZHIYUR VILLAGE, DESOM, (NEAR KEERAMANKUNNU MUSLIM PALLI) CHAVAKKAD TALUK, THRISSUR DISTRICT. ADV. SRI.V.V.JOY FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.224 of 2009 ---------------------------------------- Dated this the 23rd day of January 2009 O R D E R Petitioners are the accused in crime No.757/08 of Chavakkad police station registered inter alia under Sections 326 and 308 read with 149 I.P.C. The learned Public Prosecutor submits that in the course of investigation, it has been revealed that only the petitioners are the accused and consequently, the other accused have been removed from the array of accused and the allegations now raised are only under Sections 326 and 308 read with 34 I.P.C. Investigation is in progress. Final report has not been filed. The alleged incident took place on 27/9/2008. Crime was registered on 28/9/2008. 2. At this juncture, all the three accused persons, along with the sole victim/injured, that is the second respondent have come before this court through their counsel to report to this court the fact that the parties have settled all their outstanding disputes and the second respondent, the sole victim has compounded all offences allegedly committed by the petitioners. The offences alleged are purely private and personal between Crl.M.C.No. 224/09 2 the parties. They having compounded the offence, the crime registered against the petitioners may be quashed, prays the learned counsel for the petitioners. 3. The second respondent has entered appearance before court. He has filed an affidavit duly attested by his counsel. The learned counsel appearing for the 2nd respondent confirms that all the outstanding disputes have been settled and the second respondent has compounded the offences. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms that the matter has been settled and that the dispute is one which is purely private and personal between the parties. But the learned Public Prosecutor alertly points out that the injuries suffered do appear to be very serious. But, in the facts and circumstances of this case, the State does not oppose the prayer for composition. The learned Public Prosecutor submits that the de facto complainant has been questioned and his statement has been recorded. He confirms the fact of composition. 5. The learned counsel for the petitioners and 2nd respondent pray, the learned Public Prosecutor does not oppose Crl.M.C.No. 224/09 3 the said prayer and I am satisfied that this is an eminently 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 crime registered against the petitioners and all subsequent action taken. 6. In the result, a) This Crl.M.C is allowed. b) Crime No.757/08 of Chavakkad police station and the investigation pending on the basis of that crime registered against the petitioners is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No. 224/09 4 Crl.M.C.No. 224/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008