IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 4933 of 2008(B) -------------------------------------- (CRIME NO. 114/2007 OF KUTTIPPURAM POLICE STATION) ........... PETITIONERS: --------------------- 1. P.P.VIJAYAN, S/O.KORAN, PALLIYAL PARAMBIL, PERASSANNOOR DESOM,KUTTIPPURAM AMSOM, TIRUR TALUK. 2. AJISH, S/O. P.P.VIJAYAN, PALLIYAL PARAMBIL,PERASSANNOOR DESOM, KUTTIPPURAM AMSOM, TIRUR TALUK. 3. ANISH, S/O. P.P.VIJAYAN, PALLIYAL PARAMBIL,PERASSANNOOR DESOM, KUTTIPPURAM AMSOM TIRUR TALUK. 4. GOPALAKRISHNAN @ GOPALAN,S/O.KUNHADI EHAKKINGLA VALAPPIL, PERASSANNOOR DESOM, KUTTIPPURAM AMSOM, TIRUR TALUK. 5. DILEEP, MATTUMMEL, PERASSANNOOR DESOM,KUTTIPPURAM AMSOM, TIRUR TALUK. 6. DINESH, MATTUMMEL, PERASSANNOOR DESOM,KUTTIPPURAM AMSOM TIRUR TALUK. 7. K.P.VALAYUDHAN, S/O.KORAN, PALLIYALPARAMBIL, PERASSANNOOR DESOM,KUTTIPPURAM AMSOM TIRUR TALUK. 8. PRADEEP PALLIYAL PARAMBIL, PERASSANNOOR DESOM,KUTTIPPURAM AMSOM, TIRUR TALUK. BY ADV. SRI.A.KRISHNAN CRL.M.C. NO. 4933/2008-B: RESPONDENTS: ----------------------- 1. ANISH @ SINDARAN,S/O.CHAKKUNNI, MANAKKUNNATHAPPADI HOUSE, PERASSANNOOR DESOM, KUTTIPPURAM AMSOM, TIRUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM, R1 BY ADV. SRI.A.KRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2009, ALONGWITH CRL.M.C. NO. 4973/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.Nos.4933 & 4973 of 2008 ---------------------------------------- Dated this the 8th day of January 2009 O R D E R The petitioners in these two cases are the accused and the victims respectively in a case and a counter case pending before the learned J.F.C.M, Thirur. In Crl.M.C.No.4933/08, there are eight petitioners. They are the only accused facing indictment in a prosecution for offences punishable inter alia under Section 308 read with 149 I.P.C. The victim in that case is the first respondent arrayed therein. He has entered appearance and has filed an affidavit to confirm settlement/composition. In Crl.M.C.No.4973/08, there are four petitioners and they are the only accused (accused 1 to 4) in the counter case registered alleging offences punishable inter alia under Sections 324 and 447 I.P.C. The 1st respondent therein is the de facto complainant. The 1st respondents in both these petitions are one of the accused/petitioners in the other case. The 1st respondents have filed affidavits to confirm that they have settled/compounded all offences alleged against the petitioners. The offences alleged include the offence punishable under Section 308 in Crl.M.C.No.4933/08. Crl.M.C.Nos.4933 & 4973/08 2 2. The learned counsel for the petitioners and the 1st respondent pray, the learned Public Prosecutor does not oppose 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 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 unnecessary and irrelevant prosecution against the petitioners in these cases. 3. The learned Public Prosecutor, after taking instructions confirms that the respective de facto complainants have harmoniously settled their disputes and have compounded all the offences allegedly committed by the petitioners/accused. The learned Public Prosecutor submits that no issues of public justice or public interest are involved and the dispute being a purely private and personal dispute between the parties, the State has no objection against acceptance of the composition. I am satisfied that the prayer can be accepted and proceedings in both cases can be brought to premature termination. Though in the latter case, there is no non-compoundable offences alleged, Crl.M.C.Nos.4933 & 4973/08 3 considering the nexus between the two, I am satisfied that the petitioners in the latter petition need not be relegated to report composition before the learned Magistrate. 4. In the result, a) (i) Crl.M.C No.4933/2008 is allowed. (ii) C.P.No65/08 pending before the learned J.F.C.M, Thirur against the petitioners in which the 1st respondent is the victim is hereby quashed. b) (i) Crl.M.C No.4973/2008 is allowed. (ii) C.C.No.1304/07 pending before the learned J.F.C.M, Thirur in which the petitioners are the accused and the 1st respondent is the victim is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties in both cases shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.Nos.4933 & 4973/08 4 Crl.M.C.Nos.4933 & 4973/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008