IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1419 of 2009() ------------------------- AGAINST THE ORDER IN CS.506/2007 IN CC.470/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER/2ND ACCUSED: -------------------------- M.C. WILSON, S/O.M.A. CYRIL, KUTHUNGAL HOUSE, MOOLAMKUZHI, RAMESWARAM, COCHIN. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S)/STATE AND INVESTIGATING OFFICER/DEFACTO COMPLAINANT AND HUSBAND: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, COCHIN. 3. M.C. AUGUSTUS, S/O. CYRIL, MOOTHUMKAL HOUSE, MOOLAMKUZHY, RAMESWARAM VILLAGE, KOCHI. 4. EMMY AUGUSTUS, W/O.M.C. AUGUSTUS, MOOTHUMKAL HOUSE, MOOLAMKUZHY, RAMESWARAM VILLAGE, KOCHI. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1419 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petition is filed under Section 482 of Cr.P.C. Petitioner is the 2nd accused in C.S.No.506/2007 (C.C.No.470/2008) on the file of the Judicial First Class Magistrate-II, Kochi. The accused, three in number in the above case are prosecuted on the basis of a charge laid by the Sub Inspector of Police, Thoppumpady Police Station, for the offences punishable under Sections 447, 294(b), 341, 354, 323, and 427 read with Section 34 of IPC. The other accused in the case are the brothers of the petitioner. The gist of the allegations imputed against the accused is that all of them conjointly trespassed upon the residential building of the defacto complainant at night and assaulted her and the other inmates of the house, abused them in filthy language and caused damage to their property. Property disputes have given rise to criminal CRL.M.C.1419/09 2 prosecution of the accused in the above case and there is reasonable chance of settlement and compromise between the parties, is the case set up for quashing the criminal case pending against the petitioner exercising the inherent powers of this Court. 2. I heard the learned counsel for the petitioner and also the learned Public Prosecutor. In case, the proceedings of the criminal case pending before the Magistrate are stayed for sometime, there is reasonable chance for settlement of the disputes between the parties, is the submission of the learned counsel appearing for the petitioner for seeking the extraordinary relief sought in the petition. I am not impressed by the submissions. The criminal case, after trial, has to reach its logical conclusion. If at all, any composition of the offence is desired, then the petitioner has to take appropriate measures in that regard, for which, the assistance of the Court in exercise its inherent powers is not at all possible nor desirable. Petition is devoid of any merit, and it CRL.M.C.1419/09 3 is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009