IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2080 of 2008() ------------------------- CC.414/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY CRIME 70/89 OF OACHIRA POLICE STATION .................... PETITIONER: PETITIONER/ACCUSED ------------------------------ SHAJI ALIAS SHAJAHAN, S/O.ABDUL SALAM BANGLAVIL THERAYIL, OCHIRA, KARUNAGAPPALLY BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. 2. HANEEFA, S/O.MUHAMMAD KUNJU, KANOOR KAVIL KIZHAKKECHIRAYIL, THEKKU KOCHU MURI, KRISHNAPURAM VILLAGE, KARUNAGAPPALLY. ADDL. 3. ABDUL SALAML, S/O.ABDUL RASSAK, CHEELANTHARA THEKKATHIL, NJAKKASAL MURI, -DO- -DO- ADDL. 4. MOHAMMED HANEEFA, S/O.ASSANARU KUNJU, CHERUVELITHARA, MEMANZ MURI, OACHIRA VILLAGE, KARUNAGAPPALLY. ADDL. 5. ABDUL LATHEEF, S/O.ASSANARU KUNJU, -DO- -DO- ADDL. 6. ABDUL KHADAR KUNJU, S/O.HASSANARUKUNJU, PULLATHUSSERIL VEETTIL, -DO- -DO- ADDL. 7. ALI AKBAR, S/O.MOHAMMED KUNJU, KANICHIRAYIL, KOCHUTHEKKUM MURI, KRISHNAPURAM VILLAGE, KARUNAGAPPALLY. (Addl.respondents 2 to 7 are impleaded as per order dt.07.07.08 in Crl.M.Appl.No.3615/08) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2080 of 2008 ------------------------------------- Dated this the 7th day of July, 2008 ORDER Petitioner is one of the accused persons who faced indictment in Crime No.70 of 1989 of Oachira Police Station. It is submitted at the Bar that all the co-accused have already been tried, found not guilty and acquitted. The petitioner herein was not available for trial. The case against him was hence split up. The petitioner has already entered appearance. The proceedings against him are continuing. 2. At this stage, the petitioner along with respondents 2 to 7 have appeared before this Court to report that the offences have been compounded. The substantive offence alleged is the one punishable under Section 324 I.P.C. Allegations are also raised under Sections 143, 147 and 148 I.P.C. The substantive offence under Section 324 I.P.C is alleged against all the accused person with the aid of Section 149 I.P.C. It is submitted that the co-accused have all been found not guilty and acquitted. The petitioner herein has settled the disputes with respondents 2 to 7. They have compounded the offences alleged against the Crl.M.C. No.2080 of 2008 2 petitioner. The substantive offence is compoundable. The petitioner is unable to report composition before the learned Magistrate in as much as technically ancillary offences punishable under Sections 143, 147 and 148 and the offence under Section 324 I.P.C which is attracted r/w 149 I.P.C are not compoundable. 3. The learned counsel, in these circumstances, place reliance on the decision in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] and contend that a commonsense approach is bound to be taken. Nothing fruitful is likely to come out of the prosecution at all. It would be an unnecessary wastage of time and energy of the Court. The dispute is one which is personal between the private individuals and they reveal only to be a dispute between the two unions which have settled all their disputes. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the prayer for quashing of proceedings. He confirms that the matter has been settled harmoniously between the accused and the injured witnesses. Crl.M.C. No.2080 of 2008 3 5. I am satisfied, in these circumstances, that it would be absolutely safe to invoke the powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab notwithstanding the fact that all offences alleged, other than the substantive offence under Section 324 I.P.C, are not compoundable under Section 320 Cr.P.C. 6. In the result: i) This Crl.M.C is, allowed; ii) C.C.No.414 of 2008 pending before the Judicial Magistrate of the First Class, Karunagappally, against the petitioner is hereby quashed. (R.BASANT, JUDGE) rtr/-