IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 4792 of 2008() ------------------------- CC.557/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER(S): ACCUSED NO.5: ---------------------------- SIVADASAN, S/O.KOTHEDATH VELAYUDHAN, MANALOOR, THRISSUR. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. SMT.MADHURI ANAND RESPONDENT(S): DEFACTO COMPLAINANT AND STATE: --------------------------------------------- 1. MOHANAN, S/O.SANKARAN, OVAT HOUSE, MANALOOR, THRISSUR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R3, GIREESH, S/O. CHIRAYATH PURUSHOTHAMAN MANALOOR, TRISSUR (IMPLEADED AS PER ORDER ON CRL.M.A. 174/09 DT.12.1.2009) 4. SHIBU, AGED 28, S/O. VASU OVAT HOUSE, MANALOOR, THRISSUR (IMPLEADED AS PER ORDER ON CRL.M.A.434/09 DT.28.1.2009.) R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SRI.VIZZY GEORGE KOKKAT FOR R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4792 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2009 O R D E R The petitioner and the additional 4th respondent along with other accused faced indictment in a prosecution for offences punishable under Sections 143, 147, 148, 323 and 324 r/w. 149 I.P.C. Cognizance was taken on the basis of a final report submitted by the police after due investigation. Altogether there were eight accused persons. Accused 1 to 4, 6 and 8 faced trial and they were found not guilty and acquitted as per Annex.A2 judgment. The case against the petitioner (A5) and additional third respondent (A7) was split up and refiled as C.C.557 of 2004. Trial against them has not commenced yet. 2. At this stage the petitioner has come to this court along with the first respondent and additional 4th respondent to apprise this court of the fact that all outstanding disputes between the petitioner and respondents 1, 3 and 4 have now been settled and respondents 1 and 4 have now compounded the offences alleged Crl.M.C.No. 4792 of 2008 2 against the petitioner and additional third respondent. The substantive offences under Sections 323 and 324 I.P.C. are compoundable. But the offences under Sections 143, 147 and 148 are not compoundable. 3. Notice was given to the learned Prosecutor, who confirms such settlement/composition. The learned Prosecutor accepts that the disputes between the parties is private and personal and no issues of public interest or public justice are directly involved. 4. The first respondent and Addl. 4th respondent have entered appearance through counsel. Counsel confirms such composition/ settlement. A joint application for composition duly signed by the rival contestants and counter signed by their counsel has also been filed. 5. The learned counsel for the petitioner, the first respondent and additional 4th respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. C.B.I. (2008 (3) Crl.M.C.No. 4792 of 2008 3 KLT 769) and Manoj Sharma v. State (2008 (4) KLT 417 (SC) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution surviving against the petitioner. and additional third respondent. Addl. third respondent has of course not entered appearance. 4. In the result: a) This Crl.M.C. is hence allowed. b) C.C. 557 of 2004 pending before the J.F.M.C.-II, Trichur in which the petitioner and additional third respondent are the accused and respondents 1 and 4, the victimst, is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and his sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm