IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Crl.MC.No. 2941 of 2008() ------------------------- CP.31/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... (CRIME NO.150/2005 OF THE CHALISSERY POLICE STATION) PETITIONER: ACCUSED: ------------------------------------- SURA @ SURESH, S/O.SIVASANKARAN NAMBIAR, THUMBAKKATTIL HOUSE, PERINGANNUR, OTTAPALAM, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE & INJURED: ------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUNI @ SUNEESH KUMAR, S/O.JANARDHANAN, MACHATH HOUSE, THIRUMUTTAKODE, OTTAPALAM, PALAKKAD DISTRICT. 3. PRADEESH, S/O.CHANDRAN, MACHATH HOUSE, THIRUMITTAKODE, OTTAPALAM, PALAKKAD DISTRICT. 4. PRASAD, S/O.RAMAN NAIR, MANNATTIL HOUSE, THIRUMITTAKODE, OTTAPALAM, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2008 ALONG WITH CRL.M.C.NO.2942 OF 2008 AND CRL.M.C.NO.3183 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.2941, 2942 & 3183 of 2008 ------------------------------------------------- Dated this the 20th day of August, 2008 ORDER These Crl.M.Cs. are taken up for disposal together as adversaries in two different crimes figure as parties in these Crl.M.Cs. Crime No.86/05 in which Crl.M.C.No.3183/08 is filed relates to a crime registered alleging offences punishable, inter alia, under Sec.308 read with Sec.149 IPC. Investigation is complete. Final report has been filed. Nine accused persons face indictment – they face allegations, inter alia, under Sec.308 read with Sec.149 IPC. There are 3 injured persons and they are arrayed as respondents 2 to 4 in Crl.M.C.No.3183/08. All the 9 accused persons are the petitioners there. It is submitted that though some of the offences alleged are non-compoundable, parties have settled their disputes amicably. All outstanding disputes have been Crl.M.C. Nos.2941, 2942 & 3183 of 2008 -: 2 :- settled. The incident relates to internecine quarrel between the two group of persons who are neigbours and were friends earlier. After completion of investigation, final report was filed. Cognizance was taken. The case against some of the accused has been committed to the Court of Sessions and the same is pending as S.C.No.45/06. Some of the petitioners/accused have not entered appearance and the case against them is pending before the learned Judicial Magistrate of the First Class, Pattambi, as C.P.No.27/05. The short prayer is that the disputes between the parties having been settled, all further proceedings in pursuance of the final report Crime No.86/05 of the Chalissery Police Station pending as S.C.No.45/06 before the Assistant Sessions Court, Ottapalam, and C.P.No.27/05 pending before the learned Judicial Magistrate of the First Class, Pattambi, may be quashed invoking the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). The petitioners and the respondents have settled their disputes. Affidavits filed by respondents 2 to 4 and duly attested by a Notary has been produced as Annexure-B to confirm such settlement. Respondents 2 to 4 have appeared through counsel and the learned counsel also confirms that there has been a bona fide Crl.M.C. Nos.2941, 2942 & 3183 of 2008 -: 3 :- settlement between the parties. 2. Crl.M.C.Nos.2941 & 2942 of 2008 are filed by the accused persons in Crime No.150/05 in which they face allegations, inter alia, under Sec.308 read with Sec.149 IPC. Investigation is complete. Final report has already been filed. Committal proceeding has been registered. The case against accused 2 to 5 has already been committed to the Court of Sessions and the same is pending before the learned Assistant Sessions Judge, Ottapalam, as S.C.No.487/06. The case against the 1st accused is not committed yet to the Court of Sessions as he has not entered appearance. He has come before this Court with Crl.M.C.No.2941/08 to pray that C.P.No.31/05 pending before the learned Judicial Magistrate of the First Class, Pattambi, may be quashed invoking the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot. Respondents 2 to 4 are the persons who have suffered injuries in that case. They have come before this Court through counsel. They also filed a joint affidavit duly attested by a Notary public to confirm that they have willingly and voluntarily settled their disputes with the accused persons. 3. I am satisfied from the averments made in the Crl.M.Cs. as also the affidavits filed by the injured persons in both the Crl.M.C. Nos.2941, 2942 & 3183 of 2008 -: 4 :- crimes that the disputes between the parties have been settled voluntarily and genuinely by the rival contestants. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, confirms that the disputes have been settled and the statements of the respondents in both the cases confirm that the injured have willingly and voluntarily settled their disputes. I am, in these circumstances, satisfied that the disputes have been settled between the parties and the victims have compounded the offences allegedly committed against them by the petitioners/ accused in these two crimes. If legally possible and permissible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. 5. Some of the offences alleged are not compoundable. The learned counsel for the petitioners submit that exaggerated allegations are raised in the final report. Even accepting the entire allegations, the offence under Sec.308 IPC is not made out in either crime. In any view of the matter, following the dictum in Madhan Mohan Abbot the prosecutions against the petitioners may be quashed. The learned counsel points out that it was a purely personal dispute between the rival contestants who are neighbours and friends. The prosecutions Crl.M.C. Nos.2941, 2942 & 3183 of 2008 -: 5 :- have lost their purpose and relevance. Continuance of the prosecutions would be an unnecessary waste of resources and judicial time. 6. The learned counsel rely on the decision in Madhan Mohan Abbot. I am satisfied, considering all the relevant circumstances, that these are eminently fit cases were the dictum in Madhan Mohan Abbot can be safely invoked. 7. The learned Public Prosecutor submits that the State has no objection against the premature termination of the proceedings against the accused persons. 8. The learned counsel for the petitioners submits that the Sessions Case numbers furnished above may not now be accurate in the sense that the Sessions Cases pending before the learned Assistant Sessions Judge, Ottapalam have been ordered to be transferred to the Fast Track Court No.III, Palakkad, though those cases have not reached the Fast Track Court by now. 9. In the result, these Crl.M.Cs. are allowed. All proceedings pending against the petitioners – accused persons in furtherance of the final report submitted in Crime Nos.86/05 and 150/05 of the Chalissery Police Station are hereby quashed. Crl.M.C. Nos.2941, 2942 & 3183 of 2008 -: 6 :- Copies of the order shall forthwith be communicated to the Assistant Sessions Court, Ottapalm, the learned Judicial Magistrate of the First Class, Pattambi, and the Fast Track Court No.III, Palakkad, who shall do the needful in pursuance of this common order. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge