IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Crl.MC.No. 2580 of 2008() ------------------------- CRIME NO. 113/02 OF GURUVAYOOR POLICE STATION AGAINST THE ORDER IN SC 955/07 IN SC.664/2007 of ASSISTANT SESSIONS COURT, THRISSUR .................... PETITIONER: ------------ 1. AKSAR, AGED 29 YEARS, S/O THERUVILMUTHU, P.O. CHOVALLUR, KANDANISSERY VILLAGE, THRISSUR DISTRICT. 2. SHEBEER, AGED 30 YEARS, S/O MUHAMMEDKUTTY, PUZHANKARA ILLATH HOUSE, P.O. CHOVALLUR, KANDANISSERY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS: ------------- 1. BHAJI, AGED 35 YEARS, S/O CHANDRAN, VANPULLY HOUSE, P.O. CHOWALLUR, KANDANISSERY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.PADMANABHAN FOR R1 R2 BY PUBLIC PROECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2580 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008 O R D E R The petitioners are accused 3 and 8 in a prosecution for offences punishable, inter alia, under Sections 324 and 308 r/w. 34 I.P.C. Altogether there were eight accused persons. Two of them stood trial and they were found not guilty and acquitted. One of them came to this Court to quash the proceedings and by order dt.20.6.2008 in Crl.M.C. 2122 of 2008 the prosecution so far as it relates to the 7th accused was quashed invoking the powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). 2. The petitioners are two of the remaining five accused and they repeat the prayer that was made by the 7th accused that the proceedings against them may be quashed invoking the dictum in Madan Mohan Abbot (supra). Crl.M.C.No. 2580 of 2008 2 3. The learned Prosecutor does not oppose the application. The defacto complainant, who is arrayed as the first respondent, has appeared before this Court through counsel and has confirmed that the respondent has filed an application for composition. I am satisfied from the totality of facts and circumstances that identical relief as was granted to the 7th accused as per order dt. 20.6.08 in Crl.M.C.2122 of 2008 can be granted to the petitioners herein also. The learned Prosecutor also accepts that the said course can be followed profitably by this Court. 4. This Crl.M.C. is allowed. The Sessions Case pending against the petitioners on the basis of the final report filed in Crime No.113 of 2002 of Guruvayoor police station is hereby quashed. The case against them is pending as L.P. 42 of 2007 (SC 955 of 2003) and SC 664 of 2007, it is submitted. (R. BASANT) Judge tm