IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4801 of 2008(A) -------------------------------------- (CRIME NO.168/2007 OF SHOORANAD POLICE STATION) .......... PETITIONERS: --------------------- 1. FIROZ KHAN, S/O. SHAMSUDHEEN, VADAKKATHIL VEEDU,CHAMAVILA, KAMBALADI MURI PORUVAZHI VILLAGE, KOLLAM. 2. RIYAZ, S/O. SULAIMAN, RIYADH MANZIL, KOLLAM 3. NAJEEB,S/O. MOHAMMED KUNJU, KONAKKATAYATHU VEEDU,KAMBALADI MURI, PORUVAZHI VILLAGE, KOLLAM. 4. RAMEEZ,S/O.ABDUL REHMAN,PORULLAYANTHIYIL VEEDU, KUTTIYILA VEILA, KAMBALADI MURI, PORUVAZHI VILLAGE, KOLLAM. BY ADV. SRI.S.RAJEEV RESPONDENTS/ STATE: ----------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,(CRIME NO.220/2006 OF PALLICKAL POLICE STATION) 2. VIJAYAKUMAR, AGED 39 YEARS, S/O.CHELLAPPAN, DIVYALAYAM, CENTRY JUNCTION, SHOORNAD, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZER, R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4801 of 2008 ---------------------------------------- Dated this the 18th day of December 2008 O R D E R Petitioners are accused 1 to 4 and they face indictment in a prosecution for offences punishable inter alia under Section 308 I.P.C. The second respondent is the sole victim. The crux of the allegations is that in furtherance of their common intention, the petitioners committed the offences against the second respondent. Investigation is complete. Final report has already been filed. The matter is pending before the Additional Sessions Court, Fast Tract Court-I, Kollam as S.C.No.16/2008. Cognizance was taken on the basis of a final report in crime No.168/07 of Sooranad police station. 2. The petitioners and the second respondent have now come before this court to apprise this court of the fact that they have settled all their outstanding disputes and the second respondent has compounded the offences allegedly committed by the petitioners. Though the offence under Section 308 I.P.C. is alleged, it is contended that the injury suffered is only a minor injury. It is reported that the parties have settled their disputes Crl.M.C.No.4801/08 2 and an affidavit has been filed by the second respondent duly attested by the notary public to confirm that the matter is settled and the offence is compounded. The second respondent has appeared through counsel to confirm such settlement/composition. 3. The learned counsel for the petitioners and the second respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] can safely be invoked to bring to premature termination the prosecution against the petitioners. I am satisfied that the dispute is one which is purely personal and private between the parties and that no purpose will be served by unnecessary continuance of the proceedings. The learned Public Prosecutor submits that the disputes have been settled and the offences compounded by the victim. Crl.M.C.No.4801/08 3 4. In the result, a) This Crl.M.C. is allowed. b) S.C.No.16/08 pending against the petitioners before the Additional Sessions Court, Fast Tract Court-I, Kollam in which the petitioners are the accused and the second respondent is the victim is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4801/08 4 Crl.M.C.No.4801/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008