IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2694 of 2009(F) -------------------------------------- [C.C. NO. 4250/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM] ............... PETITIONERS/ PETITIONERS: ------------------------------------------ 1. RAGHAVAN PILLAI ,S/O.GOPALA PILLAI, KALLARAKKAL VEEDU, KULAYITTIKARA P.O, KEECHERY VILLAGE, KANAYANNUR TALUK,ERNAKULAM. 2. HARIDAS, S/O. KUMARA PILLAI, 'SREEHARI' KULAYITTIKARA P.O, KEECHERY VILLAGE, KANAYANNUR TALUK,ERNAKULAM. 3. RAVEENDRAN, S/O. KUMARA PILLAI, KIZHAKKEKALAYIL VEEDU,KULAYITTKARA P.O., KEECHERY VILLAGE, KANAYANNUR TALUK,ERNAKULAM. BY ADV. MR.B.MOHANLAL. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MULANTHURUTHY POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BALAKRISHNAN, S/O. VELU PILLAI, KALAYIL VEEDU,KULAYITTIKARRA PO KEECHERY VILLAGE,KANAYANNUR TALUK, ERNAKULAM. 3. KOCHU NARAYANAN, S/O.VELYUDHAN PILLAI, KALAYIL VEEDU, KULAYITTIKARA P.O., KEECHERY VILLAGE, KANAYANNUR TALUK, ERNAKULAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 & R3 BY ADV. MR.C.SINOY. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2694 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.4250/2005 on the file of Judicial First Class Magistrate's Court-I, Ernakulam. Respondents 2 and 3 were respectively the President and Secretary of Kerala Padmasaleeya Sangham No.13, Kulayattikara. Petitioners were the office bearers during the period 2000-01. Respondents 2 and 3 filed a complaint before Judicial First Class Magistrate's Court-I, Ernakulam alleging that petitioners committed offences under Sections 468 and 409 read with Section 34 of Indian Penal Code. It was sent for investigation under Section 156(3) of Code of Criminal Procedure. Annexure-I FIR in Crime No.336/2004 was registered. After investigation, Annexure-II final report was submitted, based on which learned Magistrate took cognizance of the offences. This petition is filed under Section 482 of Code of Criminal Procedure contending that the CRMC 2694/09 2 case was lodged consequent to the disputes with the subsequent office bearers and the entire disputes were amicably settled and in such circumstances, there is no necessity to proceed with the case. 2. Annexure-III joint petition is filed by the petitioners and respondents 2 and 3 seeking permission to compound the offences contending that it is only due to the personal dispute which arose at the time of election of the new committee of the Sangham the case was lodged against the previous office bearers and as the entire disputes were later resolved, permission is to be granted to compound the offences. As the offences are not compoundable, permission cannot be granted to compound the offences. 3.Learned counsel appearing for the petitioners and respondents 2 and 3 and learned Public Prosecutor were heard. 4.Learned Public Prosecutor also submitted that statement of the second respondent, the defacto complainant shows that there was a complete CRMC 2694/09 3 settlement of all the disputes between the petitioners and respondents 2 and 3. 5. Annexure-III joint statement filed by the petitioners and respondents 2 and 3 establish that there was a complete settlement of all the disputes between the parties and dispute was actually in between previous office bearers and subsequent office bearers and that too due to the dispute at the time of election. In such circumstances, when the disputes were settled and consequent to the settlement chances of a successful prosecution is very bleak, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.4250/2005 on the file of Judicial First Class Magistrate's Court-I, Ernakulam is quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv