IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Crl.MC.No. 2122 of 2008() ------------------------- PETITIONER: ACCUSED NO.7 ------------------------ PRASAD, S/O.VIJAYAN, THAYYIL HOUSE, P.O.CHOVALLUR, THRISSUR DISTRICT. BY ADV. SRI.K.B.MOHANDAS RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.PADMANABHAN FOR R.2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2122 of 2008 ---------------------------------------- Dated this the 20th day of June 2008 O R D E R The petitioner is the seventh accused in a crime registered alleging offences punishable inter alia under Sections 324 and 308 read with 149 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner was not available for trial. Two of the co-accused who were available for trial were tried, found not guilty and acquitted as per the judgment dated 20/09/2007 in S.C.No.367/2003 by the Principal Assistant Sessions Judge, Thrissur. There is only one injured person. That injured person, in the course of the case, has settled all the disputes with the accused. The petitioner now prays that the case against him may be quashed invoking the powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]. The short contention of the learned counsel for the petitioner is that the petitioner and the de facto complainant who has appeared before this court through counsel have settled their disputes harmoniously and amicably. In fact, there is no Crl.M.C.No.2122/08 2 worthwhile allegation to attract the offence under Section 308 I.P.C. All the other substantive offences are compoundable. The de facto complainant has asserted on oath earlier in the trial against the co-accused and now before court that he has no surviving grievance against the petitioner. In these circumstances, it is prayed that invoking the dictum in Madan Mohan (Supra) the case against the petitioner may be brought to termination. 2. The learned Public Prosecutor does not oppose the application. In the facts and circumstances of this case, I am satisfied that this is a fit case where the dictum in Madan Mohan (Supra) can be profitably invoked and the proceedings against the petitioner can be brought to premature termination. 3. This petition is accordingly allowed. Prosecution against the petitioner pending as C.C.No.664/07 before the Principal Assistant Sessions Court arising from Crime No.113/02 of Guruvayur police station (now pending as L.P.No.42/07) is hereby quashed. (R.BASANT, JUDGE) Crl.M.C.No.2122/08 3 jsr Crl.M.C.No.2122/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007