IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 Crl.MC.No. 655 of 2009(F) ---------------------------- (C.C.95/07 OF CHIEF JUDICIAL MAGISTRATE COURT , THIRUVANANTHAPURAM) ...................... PETITIONER(S): ACCUSED 1 TO 3 AND 5: -------------------------------------------------- 1. ARUN.R, AGED 24 YEARS, S/O.RAVEENDRAN, DALAVAKKUZHI AKKARAVILA HOUSE, MARYANADU, KOLLAM DISTRICT. 2. PRAMOD.P.G., AGED 25 YEARS, S/O.PURUSHOTHAMAN NAIR, USHUS, P.R.A 10, VAZHUTHACAUD, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. PREMSANKAR, AGED 26 YEARS, S/O.SREEKANDAN, 'SREESYLAM', KAZHIVOOR, PULLUVILA, VATTIYOORKAVU, THIRUVANANTHAPURAM. 4. ARUN.G, AGED 25 YEARS, S/O.GOPINATHAN, 'BHASSURA', CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.BABU KARUKAPADATH RESPONDENT(S): STATE/DEFACTO COMPLAINANTS: ---------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJ ANAND, AGED 23 YEARS, S/O.PADMAKUMAR, TC 3/240, 'GOWRI PRIYA', SANTHOSH NAGAR, MUTTADA, THIRUVANANTHAPURAM. 3. VIMAL.V, AGED 24 YEARS, S/O.VIJAYAN NAIR, VIJAYA HOUSE, MULANADA, THOLICODE, KARAVALOOR VILLAGE, PUNALOOR. 4. JIJU BABU, AGED 21 YEARS, THEKKETHIL HOUSE, KAREEPUZHA, KAVANADU, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI. P.A. SALIM. ADV. SRI.M.R.DHANIL FOR R2-4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 655 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2009. O R D E R This petition is filed with a prayer to quash all further proceedings in C.C.95/07 of the Chief Judicial Magistrate Court, Thiruvananthapuram. The allegation against the accused are u/Ss.143, 147, 148, 341, 323 and 324 IPC. The defacto complainant and two other injured have filed a compounding petition whereby they had agreed to compound the offence and had further stated that they did not have any grievance against the petitioners and therefore they have no objection in quashing the proceedings in C.C.95/07. It is true that some of the offences alleged are non- compoundable offences. When such is the situation in the light of the decision of the Apex Court when the Court finds that there is no point in permitting the litigation to continue and that the grievance is of a personal nature and that the parties have compounded the matter the power u/s 482 can be invoked for the purpose of quashing the complaint. Here Crl.M.C. 655 OF 2009 -:2:- they have amicably settled the case and they do not want further action in the matter. So invoking jurisdiction u/s 482 Cr.P.C. I find that circumstances exist to quash the proceedings and therefore the Crl.M.C. is allowed and all further proceedings in C.C.95/07 of the Chief Judicial Magistrate Court, Thiruvananthapuram is quashed. M.N. KRISHNAN, JUDGE. ul/-