IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Crl.MC.No. 3478 of 2008(F) ------------------------------------- (CR. NO. 425/08 OF PUDUKKAD POLICE STATION) ......... PETITIONER/ 2ND ACCUSED: ------------------------------------------ JOSEPH, AGED 37 YEARS, S/O.JOHN, MANJALI HOUSE, PALLIKUNNU, VARANDARAPPILLY, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUTHUKKAD POLICE STATION, THRISSUR. 3. K.C.ANTONY, KORATH HOUSE, VALLIKUNNU, VARAKKARA, THRISSUR. *ADDL.R4. RATHEESH, S/O. RAVI, KEEDAYI HOUSE, KARAYAMPADAM DESOM, VARANDARAPPILLY, THRISSUR DT. *IS IMPLEADED AS ADDL.R4. AS PER ORDER DATED 30/10/2008 IN CRL.M.A. NO. 6029/2008. PUBLIC PROSECUTOR SRI. GIKKU JACOB FOR R1 & R2, ADV. SRI.RENJITH THAMPAN FOR R3. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3478 of 2008 ---------------------------------------- Dated this the 30th day of October 2008 O R D E R The petitioner and the fourth respondent face allegations in a crime registered alleging the offence punishable under Section 392 I.P.C. The crux of the allegations is that the de facto complainant who had voluntarily got into a car and had travelled along with the accused persons was allegedly robbed of a gold chain which he had in his possession. Crime was registered. Investigation is in progress. In the course of the investigation, parties have settled their disputes. They have come before this court to apprise the court of the fact that the disputes having been settled between them, they may be saved of the unnecessary and undeserved trauma of continuance of the proceedings. The petitioner had initially arrayed only the third respondent, that is the de facto complainant as a party. Later, in the course of the proceedings, the fourth respondent/first accused has also been arrayed as party. The third respondent has entered appearance through counsel. He has filed an affidavit to confirm that he has settled his disputes with both the Crl.M.C.No.3478/08 2 accused persons. The fourth respondent has not entered appearance. In these circumstances, the counsel pray that the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] and Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] may be invoked to bring to premature termination the proceedings initiated by the registration of crime No.425/2008. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that the State has no objection against quashing of proceedings. The dispute is one which is purely personal and private between the parties. The friends were travelling in a car and consumed alcohol. The incident occurred in the course of such activity between the friends. In these circumstances, the State has no objection against quashing of further proceedings in that crime, submits the learned Public Prosecutor. 3. Having considered all the relevant circumstances, I am satisfied that the parties have voluntarily and willingly Crl.M.C.No.3478/08 3 settled all their disputes and that the third respondent has compounded the offences allegedly committed by the petitioner and the fourth respondent herein. 4. The learned Public Prosecutor further confirms that the accused persons are not involved in any similar offence. The dispute between the parties appear to be purely private and personal one. No public interest or interest of public justice is involved also. The proceedings can hence be brought to premature termination by invoking the jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan and Nikhil Merchant (Supra). 5. In the result, a) This Crl.M.C is allowed. b) Crime No.425/2008 of Pudukkad police station registered under Section 392 I.P.C against the petitioner herein and the fourth respondent is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3478/08 4 Crl.M.C.No.3478/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008