IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Crl.MC.No. 1236 of 2011() --------------------------------- ST.2754/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): A1,A2,A3 & A4 -------------------------------------------- 1. SAJI.P.M, AGED 44 YEARS, S/O.MADHAVAN,PUTHENVEETTIL,ELAPPUNKAL,VAZHOOR VILLAGE,KOTTAYAM DISTRICT. 2. SANDEEP KUMAR,AGED 28 YEARS, S/O.KARUNAN,VADAKKEVEETTIL, ELAPPUNKAL, VAZHOOR VILLAGE, KOTTAYAM DISTRICT,NOW R/AT VADAKKELVEETTIL CHIRAKADAVU VILLAGE,KOTTYAM DISTRICT. 3. BINU.P.K, AGED 33 YEARS, S/O.PATHROSE,KUTTICKAL HOUSE,ELAPPUNKAL , VAZHOOR VILLAGE,KOTTAYAM DISTRICT. 4. SAJI.A.R,AGED 30 YEARS, S/O.RAJU,AREEKAL HOUSE,ELAPPUNKAL, VAZHOOR VILLAGE,KOTTAYAM DISTRICT. BY ADV. SRI.SURESH BABU (VADUTHALA) RESPONDENT(S): STATE AND CWI ---------------------------- 1. STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE,PALLICKATHODU POLICE STATION,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. JUSTIN JOSEPH,(CWI)AGED 30 YEARS, S/O.K.V.JOSEPH,KANNAMPALLIL HOUSE,VAZHOOR VILLAGE, KOTTAYAM DISTRICT.686 504. R1 BY PUBLIC PROSECUTOR SRI. SABU SREEDHARAN R2 BY ADV. SRI.P.LIJO THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1236 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2011 O R D E R This is a petition filed by accused 1 to 4 in S.T.No.2754/2010 on the file of the Judicial Magistrate of the First Class-I, Kanjirappally for quashing the said case, as the matter has been settled between the parties. 2. The allegation against the petitioners is that they wrongfully restrained CW1, caused hurt to him and uttered obscene words against him and thereby committed offences punishable under sections 294(b), 323 and 341 read with section 34 IPC. Annexure-A is the charge sheet field by the police before the lower court. 3. It is alleged in the petition that the petitioners and second respondent/de facto complainant are neighbours and they have settled the matter and that the entire proceedings in S.T.No.2754/2010 before the Judicial Magistrate of the First Class-I, Kanjirappally may be quashed. MACA 1236/2011 2 4. Notice given to the P.P. Adv. Sri.P.Lijo appears for the second respondent/de facto complainant. He has also submitted that the matter has been settled between the parties. An affidavit sworn to by the second respondent in this regard is produced as Annexure-B in this petition. 5. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC)) and also in Madan Mohan Abbot V. State of Punjab (2008 (3) KLT 19 (SC)) that though the offences alleged against the petitioner were non- compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution and if no issue of public safety is involved, the entire proceedings can be quashed, exercising the powers under section 482 of Cr.P.C. In the present case the petitioners have settled the matter with the second respondent/de facto complainant. Out of the offences alleged against the petitioners offence punishable under section 294(b) is non-compoundable. Offences punishable under sections 323 and 341 IPC are compounded. Therefore no useful purpose will be served in keeping the MACA 1236/2011 3 case pending. The dispute involved is purely of personal nature. In the light of the principles laid down in the above decisions and in the light of Annxure-B affidavit filed by the second respondent, I feel that the entire proceedings in S.T.No.2754/2010 before the Judicial Magistrate of the First Class-I, Kanjirappally can be quashed. 6. In the result, this petition is allowed. All further proceedings in S.T.No.2754/2010 before the Judicial Magistrate of the First Class-I, Kanjirappally are hereby quashed. P.Q.BARKATH ALI, JUDGE . mn.