IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 255 of 2009() ------------------------ CP.64/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO.539/2004 OF TIRUR POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- SUMESH, S/O.KRISHNANKUTTY, VELUTHEDATHU PARAMBIL HOUSE, PURATHOOR,TIRUR, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SI OF POLICE, TIRUR POLICE STATION THROUGH THE PBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. VINEESH, AGED 24 YEARS, S/O.CHANDRAN, PURATHOOR AMSOM, PADINJARAKARA DESOM, TIRUR TALUK, MALAPPURAM. 3. BALAKRISHNAN, AGED 41 YEARS, S/O.NARAYANAN, KULAPARUTHIKKAL PURATHOOR AMSOM, PADINJARAKARA DESOM, TIRUR TALUK,MALAPPURAM. 4. PUSHKARAN, AGED 50 YEARS, S/O.KARAPPAN, VELUVAN PARAMBIL, PURATHOOR AMSOM, PADINJARAKARA DESOM, TIRUR TALUK, MALAPPURAM. 5. MANIKANDAN, AGED 48 YEARS, S/O.RAGHAVAN, PADATHAYIL PURATHOOR AMSOM, PADINJARAKARA DESOM, TIRUR TALUK, MALAPPURAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM ADV. SRI.NAZIR AHAMMED FOR R2 TO 5 SRI.P.G.SURESH FOR R2 TO 5 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.255 of 2009 ------------------------------------- Dated this the 2nd day of February, 2009 ORDER The petitioner along with 5 others faced indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. The petitioner (the 2nd accused) was not available for trial. The case against all the 5 other co-accused proceeded. They were found not guilty and acquitted. As the petitioner was not available, the case against him was not committed to the Court of Session and the same is pending now as C.P.No.64 of 2008 before the learned Judicial Magistrate of the First Class, Tirur. The petitioner has now entered appearance in that case, it is submitted. 2. At this juncture, the petitioner has come to this Court along with all the injured/victims, ie. respondents 2 to 5 herein. It is submitted that respondent Nos.2 to 5, the alleged victims, have now settled all their disputes with the petitioner and they have compounded the offences alleged against the petitioner including non compoundable offences. The allegations raised against the accused persons are purely personal and private Crl.M.C. No.255 of 2009 2 between the parties and no issues of public interest or public justice are involved, submits the learned Public Prosecutor. Respondents 2 to 5 have entered appearance through counsel. They have filed separate affidavits to confirm that they have settled all their outstanding disputes with the petitioner herein and have compounded the offences allegedly committed by the petitioner. The agreement executed has also been produced (Annexure-A3). 3. The learned counsel for the petitioner and respondents 2 to 5 pray; the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that this is an eminently fit case where the extraordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] can safely be invoked to prematurely terminate the prosecution against the petitioner which has now become irrelevant and unnecessary now. 4. In the result: i) This Crl.M.C is allowed; Crl.M.C. No.255 of 2009 3 ii) C.P.No.64 of 2008 pending before the learned Judicial Magistrate of the First Class, Tirur in which the petitioner is the sole surviving accused No.2 and respondents 2 to 5 are the victims/injured and all further proceedings in pursuance of the final report in Crime No.539 of 2004, Tirur Police Station are hereby quashed; iii) The learned Magistrate and the Sessions Judge (if a Sessions Case has also been registered) shall make necessary entries in the relevant registers to confirm such quashing; iv) Needless to say, proceedings, if any, pending against the petitioner and his sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.255 of 2009 4 R.BASANT, J ------------------------------------ Crl.M.C. No.255 of 2009 ------------------------------------- Dated this the 19th day of January, 2009 ORDER The prayer is to quash a prosecution against the Crl.M.C. No.255 of 2009 5 petitioner/sole accused, inter alia, under Section 308 r/w 149 I.P.C on the ground that the victims, ie. respondents 2 to 5 have settled/compounded the offences. Respondents 2 to 5 have entered appearance through counsel to confirm such settlement/composition. 2. Notice given. The learned Public Prosecutor shall take instructions. 3. Call on 27.01.2009. (R.BASANT, JUDGE) rtr/-