IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Crl.MC.No. 2313 of 2009 -------------------------------- CC.192/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY (CRIME NO.347/08 OF VALLIKULANGARA POLICE STATION) .................... PETITIONER(S): ---------------------- 1. SREEJA, W/O. BIJUMON, 24 YEARS VALIYAKANDATH HOUSE,KURIYANAD DESOM, KURIVILANGADU VILLAGE, KOTTAYAM DISTRICT. 2. SILJA,D/O. SIVARAMAN, AGED 22 YEARS THUMBARATHY HOUSE, KODALY DESOM, MATTATHUR VILLAGE THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): ------------------------ 1. AYSHA, W/O. HAMEED, AGED 45 YEARS, VAZHAKAMADAM VEETTIL,KODALY DESOM, MATTATHUR VILLAGE, THRISSUR TALUK. 2. SABIRA, D/O.HAMEED, AGED 22 YEARS VAZHAKAMADAM VEETTIL,KODALY DESOM, MATTATHUR VILLAGE, THRISSUR TALUK. 3. THE SUB INSPECTOR OF POLICE VALLIKULANGARA, THRISSUR DISTRICT REP BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. ADV. SMT.AYSHA FOR R1 ADV. SMT.SABIRA FOR R2 PUBLIC PROSECUTORSRI.AMJAD ALI FOR R3. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2313 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.192/2009 on the file of Judicial First Class Magistrate's Court, Chalakudy. Prosecution case is that on 29.9.2008 at about 9 a.m., in furtherance of their common intention, petitioners attacked respondents 1 and 2 and inflicted grievous hurt and thereby committed offences under Sections 452, 323, 324 and 326 read with section 34 of Indian Penal Code. Based on Annexure-2 final report, learned Magistrate took cognizance of the said offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that the disputes with respondents 1 and 2 were amicably settled and in such circumstances, it is not, in the interest of justice, to proceed with the case. 2. Annexure-3 joint petition was filed under Section 320 of Code of Criminal Procedure to compound the offences. As an offence under Section 326 of Indian Penal Code is not compoundable, permission cannot be granted to compound the offence. As held by CRMC 2313/09 2 the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and in Manoj Sharma v. State (2008 (4) KLT 417), when the disputes with the injured defacto complainant were already settled and in view of the settlement, there is no possibility of a successful prosecution, it is not, in the interest of justice, to proceed with the case further and waste the valuable time of the court. 3. Submissions of the learned counsel appearing for the petitioners and respondents 1 and 2 and learned Public Prosecutor establish that there was an amicable settlement of the disputes between the petitioners and respondents 1 and 2, the injured in the case. In view of the settlement, possibility of a successful prosecution is very bleak. Hence, it is not, in the interest of justice to continue the proceedings. Petition is allowed. C.C.No.192/2009 on the file of Judicial First Class Magistrate's Court, Chalakudy as against the petitioners is quashed. 27th July, 2009 (M.Sasidharan Nambiar, Judge) tkv