IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 4032 of 2009() ------------------------------ IN C.C.NO. 609/2003 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALTHUR, CRIME NO. 162/2003 OF ALATHUR POLICE STATION -------------------------------- PETITIONERS/ACCUSED:- --------------- 1. NISHAD , S/O. MAKKAYI IBRAHIM, FIRDOUSE HOUSE, KARIYAMGATTIL, KUNISSERY, ALATHUR, PALAKKAD DIST. 2. SHEMEEM, S/O. SULAIMAN, KOTTIYODE HOUSE, KUNISSERY, ALATHUR, PALAKKAD DIST. BY ADV. MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN RESPONDENTS/COMPLAINANTS:- -------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, ALATHUR, PALAKKAD DIST. 3. SUDARSANAN, S/O. RAJAN, KARIYAMAGATTIL HOUSE, KUNISSERY, ALATHUR, PALAKKAD DIST. R3 BY ADVS. SRI.RAFEEK. V.K. SMT.RAJEENA.A. BY MR. S.U. NAZAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rkc M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4032 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioners are the accused and third respondent, the de facto complainant in C.C.609/2003 on the file of Judicial First Class Magistrate, Alathur taken cognizance for the offences under Section 326 read with Section 34 of Indian Penal Code. Prosecution case is that on the night of 18/5/2003 at about 7.30 p.m, due to the previous enmity, petitioners in furtherance of their common object beat third respondent, while he was walking towards Kariyangadu and caused grievous hurt to him and thereby committed the offence under Section 326 of Indian Penal Code. Petition is filed under Section 482 Crmc 4032/09 2 of Code of Criminal Procedure to quash Annexure-I final report and the cognizance taken and proceedings pending before the learned Magistrate contending that the entire disputes were settled with third respondent and in view of the settlement, it is not interest of justice to continue the prosecution. 2. Third respondent appeared through the counsel and filed a joint petition with the petitioners stating that they have settled the entire disputes and third respondent has no subsisting grievance against the petitioners and hence permission is to be granted to compound the offence. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. Crmc 4032/09 3 4. Offence under Section 326 of Indian Penal Code is not compoundable and hence permission cannot be granted to compound the offence as sought for in Crl.M.A.6880/2009. Permission to compound the offence sought for is rejected. 5. Annexure-I final report establishes that offence alleged against the petitioners is purely personal in nature as against the third respondent. Annexure-II joint agreement entered into by the petitioners and third respondent establishes that their disputes were settled amicably out of court. Joint petition filed by petitioners and third respondent further establishes that consequent to the settlement third respondent has no subsisting grievance as against petitioners. Though offence under Crmc 4032/09 4 Section 326 of Indian Penal Code is not compoundable, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offence alleged against the accused is purely personal in nature as against third respondent and there has been a complete settlement of the dispute between them, it is not in the interest of justice to continue the prosecution as ultimately chances of a successful prosecution is very bleak. In such circumstances, petition is allowed. C.C.609/2003 on the file of Judicial First Class Magistrate, Alathur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.