IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2878 of 2008() ------------------------- AGAINST THE ORDER IN LP 35/2008 IN CC.380/2005 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- GIRISH.E.M, S/O.GOPALAN, POOVATHUMKANDY HOUSE, FAROOQ COLLEGE.P.O, PARUTHIPPARA, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION, KAKKUR, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. ISMAYIL.T.P, S/O. AHAMMED KOYA, TRIKOYIPARAMBATH HOUSE, NADAVALLUR AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE. 4. MUJEEB.M, S/O. ABDUL ASIS, MATTATHIL HOUSE, NADUVALLUR AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.SAKIR.K.H. FOR R3 & R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2878 of 2008 ------------------------------------- Dated this the 6th day of August, 2008 ORDER Petitioner is the 1st accused and he along with 5 others faces indictment in a prosecution for offences punishable, inter alia, under Section 324 r/w 149 I.P.C. The offences alleged under Sections 341, 321 and 324 are all compoundable. The offences alleged under Sections 143, 147 and 148 are not compoundable. The petitioner was not available for trial. The co-accused, ie. accused 2 to 6 faced trial and they were found not guilty and acquitted as no evidence whatsoever was made available before the learned Magistrate when that trial against accused 2 to 6 was conducted. After acquitting accused 2 to 6, the case against the petitioner was split up and was re-filed. The petitioner has not entered appearance so far. The case against him has been transferred to the list of Long Pending Cases and the same is pending as L.P.No.35 of 2008 (C.C.380/05) before the J.M.F.C-III, Kozhikode. 2. At this stage, the petitioner/accused along with the victims/CWs 1 and 2 have come before this Court to apprise this Crl.M.C. No.2878 of 2008 2 Court of the fact that the disputes between them have been settled and both-CWs 1 and 2 have compounded the offences allegedly committed by the petitioner against them. A joint affidavit has been filed as Annexure-C before this Court by CWs 1 and 2. They are represented by a counsel also. The counsel confirms that there has been a bona fide and genuine settlement by CWs 1 and 2 and they have compounded the offences allegedly committed by the petitioner. 3. Some of the offences alleged are not compoundable and in these circumstances the learned counsel for the petitioner and CWS 1 and 2, ie. respondents 3 and 4 herein pray that the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] may be invoked and premature termination of the proceedings may be brought about. 4. I am satisfied that the parties have willingly and voluntarily settled their disputes. I am further satisfied that this is an eminently fit case where the dictum in Madan Mohan Abbot v. State of Punjab can safely be imported and the powers under Section 482 Cr.P.C can be invoked taking into account the ground realities. Without being hedged by technicalities, I am satisfied that as warranted by the dictum in Madan Mohan Crl.M.C. No.2878 of 2008 3 Abbot v. State of Punjab, the surviving proceedings against the petitioner can be quashed. 5. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection in this Court bringing to premature termination the surviving prosecution against the petitioner. 6. In the result: i) This Crl.M.C is accordingly allowed; ii) L.P.No.35 of 2008 (C.C.380 of 2005) pending before the Judicial Magistrate of the First Class-III, Kozhikode is hereby quashed; iii) Proceedings, if any, pending under Section 446 Cr.P.C, needless to say, shall be disposed of on merits. (R.BASANT, JUDGE) rtr/-