IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Crl.MC.No. 178 of 2009() ------------------------ CP.5/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S):COMPLAINANT: ----------------------------------------------- VASU, AGED 51 YEARS, S/O.THEVAN, KUZHICKAL HOUSE, UNICHIRA KARA, THRIKKAKARA NORTH VILLAGE, HOUSE NO.4, BETHEL ORPHANAGE COLONY, THEYAKKAL ,KAKKANAD, ERNAKULAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): COMPLAINANTS & ACCUSED: ------------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANNIE ALEX AGED 48 EYARS, W/O.ALEX, NOOTTIPILLY HOUSE, NORTH KALOOR, KOCHI-17, ERNAKULAM. 3. ALEX STEPHEN JOSEPH AGED 51 YEARS, S/O.JOSEPH NOOTTIPILLY HOUSE, NORTH KALOOR, KOCHI-17, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB FOR R1 ADV. SRI.T.D.ROBIN FOR R2-3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2009 ALONG WITH CRMC NO. 179 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos. 178 & 179 of 2009 ------------------------------------------------- Dated this the 21st day of January, 2009 ORDER These Crl.M.Cs. relate to the allegations and counter allegations raised by the parties which has now culminated in two criminal prosecutions. The prayer is to accept the composition and quash the proceedings invoking the jurisdiction under Sec.482 Cr.P.C. notwithstanding the fact that the offences alleged include non-compoundable offences. 2. Crl.M.C.No.178/09 relates to a prosecution against two accused persons who are arrayed as respondents 2 and 3 in the Crl.M.C. They are wife and husband respectively. They face indictment for offences punishable under Secs.323, 294(b) IPC and Sec.3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The de facto complainant lodged a private complaint before the learned Magistrate which was referred to the police under Sec.156(3) Cr.P.C. and after completing the investigation, final report was filed alleging the above said offences. Inasmuch as the offence under Sec.3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is triable exclusively by a Court of Session, committal proceedings has Crl.M.C. Nos. 178 & 179 of 2009 2 been registered and the same is pending before the learned JFCM- II, Ernakulam, as C.P.No.5/08. 3. Crl.M.C.No.179/09 relates to a prosecution for offences punishable under Secs.120B, 341, 294(b), 506(i), 323 and 324 read with Sec.34 IPC. Altogether, there are three accused persons. The complainant/petitioner in Crl.M.C.No.178/09 is the 1st accused in that crime. Accused 2 and 3 are arrayed as the 2nd petitioner and the 3rd respondent respectively. Cognizance in that case also taken on the basis of a final report submitted by the police after due investigation in a crime. That crime in turn was registered on the basis of a private complaint filed before the learned Magistrate by the de facto complainant (who is the second respondent in Crl.M.C.No.178/09). Investigation is completed and the final report was filed. On the basis of that final report, C.C.No.1988/03 was registered and the same is pending before the learned J.F.C.M- II, Ernakulam. 4. The allegations in the two cases are in the nature of allegations and counter allegations. Both cases are pending before the learned J.F.C.M-II, Ernakulam now. 5. At this juncture, the rival contestants have come before this court to confirm that all disputes have been settled amicably and harmoniously. Harmony now prevails. The parties do not want to continue with the respective prosecutions. All other connected Crl.M.C. Nos. 178 & 179 of 2009 3 disputes have been settled and connected proceedings have been brought to an end. An agreement dated 23/7/2004 between the parties (copy produced as Annexure A2 in Crl.M.C.No.178/09) has been entered into comprehensively settling all disputes and compounding all offences. 6. The petitioners and the respondents in both cases now submit before court that all disputes having been settled, the prosecutions pending against them may be brought to premature termination by invoking 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]. 7. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that there has been a harmonious and exhaustive settlement of the disputes. The State has no objection in these circumstances in both these prosecutions being quashed, submits the learned Public Prosecutor. 8. I have considered all the relevant circumstances. I take note of the fact that the disputes between the parties are purely personal and private. No issues of public justice or public interest are involved. I am, in these circumstances, satisfied that the Crl.M.C. Nos. 178 & 179 of 2009 4 prayer made by the rival contestants which is not opposed by the learned Public Prosecutor can certainly be accepted and proceedings can be brought to premature termination. 9. In the result, a) These Crl.M.Cs are allowed. b) C.P.No.5/08 pending before the learned J.F.C.M-II, Ernakulam in which respondents 2 and 3 are the accused and the petitioner herein is the de facto complainant/injured is hereby quashed. c) C.C No.1988/03 pending before the learned J.F.C.M-II, Ernakulam in which the petitioners and the 3rd respondent are the accused and the second respondent is the de facto complainant/victim is also 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. Nos. 178 & 179 of 2009 5