IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 152 of 2008() ------------------------ CP.164/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): PETITIONERS A7 TO 9: ----------------------------------- 1. PRATHAPAN, S/O.KESAVAN, PUTHUVEL PUTHEN VEEDU, BALANAGAR COLONY, KARIKKAKOM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 2. SHANKARAN, S/O.UNNI, PUTHUVEL PURAIDOM VEEDU, BALANAGAR COLONY, KARIKKAKOM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 3. VINOD, S/O.MURUKAN ASARI, PUTHUVEL PURAIDOM VEEDU, BALANAGAR COLONY, KARIKKAKOM, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): STATE AND CWS 1 TO 4: ------------------------------------ 1. THE STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MOHANAN @ NARAYANAN, S/O.VASUDEVAN(CW1) LATHIKA BHAVAN TC 32/1284, NEAR ALL SAINTS COLLEGE KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 3. SANTHOSH , S/O.MOHANAN (CW2) LATHIKA BHAVAN TC 32/1284, NEAR ALL SAINTS COLLEGE KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 4. MOHAN KUMAR, S/O.RAJAPPAN (CW3) TC 32/1153, NEAR ALL SAINTS COLLEGE, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM. 5. SHARAFFUDEEN, S/O.AHAMMED KANNU (CW4) TC 32/648, BEHING VETTUKAD UP SCHOOL, KARRIKKAKOM, KADAKAMPALLY VILLAGE, THIRUVANANTHA- PURAM. ADV. SRI.M.R.RAJESH FOR R2 TO 5 R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 152 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 3(1) of the Explosive Substances Act and Sections 324 and 427 r/w. 149 I.P.C. They are accused 7 to 9. The respondents 2 to 5 are the alleged victims. The petitioners have come before this Court now along with respondents 2 to 5 to apprise this Court of the fact that the parties have settled their disputes and that respondents 2 to 5 have compounded the offences allegedly committed by the petitioners. In these circumstances, respondents 2 to 5 do not want to proceed against the petitioners. They have settled their disputes and compounded the offences allegedly committed by the petitioners. In these circumstances, though some of the offences alleged are non-compoundable, it is prayed that powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 AIR Crl.M.C.No. 152 of 2008 2 SCW 2287) may be invoked to bring to premature termination the prosecution in so far as it relates to the petitioners. 2. The prosecution is now pending before the Magistrate as C.P. 164 of 2007. Respondents 2 to 5 have appeared before this Court through counsel. They have filed a joint application for composition. Their counsel vouches for the fact that they have settled the disputes with the petitioners. 3. Notice was given to the learned Prosecutor, who submits that the State has no objection against the quashing of the proceedings invoking the dictum in Madan Mohan Abbot (supra). The dispute is one which is private and personal. The ground realities can be taken into account. There is no purpose in continuing with the prosecution against the petitioners, submits the learned Prosecutor. 4. I am satisfied in the facts and circumstances of the case that the parties have settled their disputes, that respondents 2 to 5 have compounded the offences allegedly committed by the petitioners and that this is an eminently fit case where, notwithstanding the fact that some of the offences are non-compoundable, powers under Section Crl.M.C.No. 152 of 2008 3 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbo (supra) can be invoked to bring to premature termination the prosecution in so far as it relates to the petitioners. 5. This Crl.M.C. Is accordingly allowed. C.P. 164 of 2007 pending before the JFMC-II, Trivandrum, in so far as it relates to the petitioners (A7 to A9) is hereby quashed. (R. BASANT) Judge tm