IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.MC.No. 3212 of 2009 -------------------------------------- CRIME NO.325/2008 OF IRIKKOOR POLICE STATION ............. PETITIONER: K.ABDUL RAZACK,S/O.K.V.ABUTTI HAJI, ASHRAFF MANZIL, P.O.PERUVALATHUPARAMBA, IRIKKUR AMSOM, KALINGA DESOM,THALIPPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: 1. STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, IRIKKUR POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SRI.K.MOHAMMAD ASHRAF, S/O.K.V.ABOOTY HAJI, KEETHEDATH HOUSE, PERUVALATH PARAMBU, IRIKKUR AMSOM DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3212 of 2009 -------------------------- ORDER Petitioner is the accused and second respondent, the defacto complainant, in Crime No. 325/2008 of Irikkoor Police Station, registered for the offences under Sections 3 and 5 of Explosive Substances Act. Petitioner and second respondent are brothers. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that entire disputes between the petitioner and second respondent were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioner and for maintaining a harmonious family relationship, it is highly necessary to terminate the proceedings and CRMC 3212/09 2 therefore, he has no objection for quashing the case. In addition, a joint petition is filed by the petitioner and second respondent seeking permission to compound the offences. An offence under Section 3 or 5 of Explosive Substances Act is not a compoundable offence. 3. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure-AI FIR shows that the case against the petitioner is purely personal in nature as against his brother, the second respondent. When all the disputes between the brothers were amicably settled, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.325/2008 of Irikkoor Police Station as against the petitioner is quashed. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv