IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2810 of 2008() ------------------------- CC.366/2004 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER: ------------ 1. KALEEL @ IBRAHIM KALEEL S/O.ABDUL KHADER, WEST HOUSE MAYIN NAGAR, UDAYAGIRI KASARAGODE 2. SURFF @ SARFFUDEEN, S/O.ABDUL KHADER, DO .DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. STATION HOUSE OFFICER, KASARAGODE POLICE STATION 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 3. K.KUMARAN, S/O.KRISHNAN, UDAYAGIRI, MADHUR VILLAGE. 4. K.T.MOHANAN, S/O.APPU MAHI NAGAR, UDAYAGIRI, MADHUR VILLAGE. BY ADV. SRI.CIBI THOMAS FOR R3 & R4 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.2810of 2008 ---------------------------------------- Dated this the 31st day of July 2008 O R D E R The petitioners are accused 3 and 4 in a prosecution for offences punishable under Sections 143, 147,148 and 324 read with 149 I.P.C. They were not available for trial. Some of the co- accused faced trial. They have been found not guilty and acquitted as per judgment dated 8/5/2006 in C.C.No.366/2004. The case against the petitioners has been split up. The same has now been transferred to the list of long pending cases. The petitioners have not appeared before the learned Magistrate so far. 2. At this juncture, the petitioners have appeared before this court along with the victims that is respondents 3 and 4. They submit that they have settled their disputes and respondents 3 and 4 have compounded the offences allegedly committed by the petitioners. The substantive offence punishable under Section 324 I.P.C is compoundable; but the offences alleged against them under Sections 143,147 and 148 are not compoundable. In these circumstances, it is prayed that the composition may be accepted invoking the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]. No useful purpose will be served by the Crl.M.C.No.2810/08 2 continuance of the proceedings against the petitioners, it is submitted. 2. Notice given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. Respondents 3 and 4 have appeared through counsel. The learned counsel confirm that there has been a bona fide and genuine settlement of the disputes by respondents 3 and 4 as against the petitioners herein. 3. I am satisfied that in the facts and circumstances of this case where the substantive offences are compoundable and have been compounded, powers under Section 482 Cr.P.C can be invoked to bring to premature termination the proceedings against the petitioners as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]. 4. In the result, a) This petition is allowed. b) Proceedings in L.P.C.No.98/06 pending before the learned Chief Judicial Magistrate, Kasaragod in so far as it relates to the petitioners herein is hereby quashed. Needless to say, proceedings under Section 446 Cr.P.C if any pending against the accused or sureties can continue. (R.BASANT, JUDGE) jsr Crl.M.C.No.2810/08 3 Crl.M.C.No.2810/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008