IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3676 of 2008() ------------------------- CC.1825/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONERS: A2, A4 & A5 ------------------------------ 1. ANURAJ, AGED 26 (A2) S/O.BALAKRISHNAN, T.C.31/663, PETTAH, THIRUVANANTHAPURAM. 2. RENJITH, AGED 26 (A4) S/O.VINCENT, KATTIL HOUSE, PETTAH, THIRUVANANTHAPURAM. 3. SUNIL, AGED 28, (A5) S/O.VELAYUDHAN, KINNATTUVILAKOM VEEDU, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS: ---------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASHOK KUMAR, AGED 52 (CW1), S/O.GANGADHARAN, T.C.30/156, THOPPIL LANE, PETTAH, KADAKAMPALLY VILLAGE. R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R1 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3676 OF 2008 ----------------------------------------------- Dated this the 20th day of October, 2008 O R D E R Petitioners who were accused 2, 4 and 5 in a prosecution for offences punishable, inter alia, under Section 448 and 427 read with Section 149 IPC, have come before this Court with a prayer for invoking the extraordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C to bring to premature termination the surviving prosecution against them. All the other co-accused faced trial and they have already been found not guilty and acquitted as per annexure A1 judgment. The case against the petitioners have been split up. They alone face indictment now. 2. Learned counsel for the petitioners submits and the learned counsel for the 2nd respondent/defacto complainant confirms that the parties have settled their disputes voluntarily and harmoniously and that the 2nd respondent has no surviving grievance against the petitioners herein. The principal offences, the ones punishable under Sections 448 and 427, are compoundable. But allegations are raised with the aid of Section 149 IPC. Substantive allegations are raised under Sections 143, 147 and 148 IPC. Those offences are not compoundable. In as Crl.M.C. No. 3676 OF 2008 -:2:- much as those offences are not compoundable, an application for composition cannot be filed under Section 320 Cr.P.C before the learned Magistrate. But the petitioners and the 2nd respondent submit that no useful purpose will be served by the continuance of the prosecution and in these circumstances it is prayed that premature termination of the proceedings may be brought up by invoking the jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot V. State of Punjab [2008 AIR SCW 2287]. 3. The counsel for the 2nd respondent confirms that disputes have been settled and the offences have been compounded against the petitioners herein by the 2nd respondent. A statement/affidavit has been filed by the 2nd respondent/CW1 duly attested by his counsel. 4. I am satisfied that there has been willing, voluntary and genuine settlement of the disputes between the parties and the 2nd respondent has compounded all the alleged offences committed by the petitioners. The co-accused have already been acquitted in regular trial. The learned Public Prosecutor after taking Crl.M.C. No. 3676 OF 2008 -:3:- instructions submits that the State has no objection against quashing of proceedings in as much as the State is satisfied about the voluntary settlement and composition. 5. This, I am satisfied, is an eminently fit case where the dictum Madan Mohan Abbot (supra) can safely be imported and premature termination of proceedings can be brought about. 5. In the result: a) This Crl.M.C is allowed. b) CC No.1825/07, surviving against the petitioners herein, in which the 2nd respondent is the defacto complainant, is hereby quashed. R. BASANT, JUDGE ttb Crl.M.C. No. 3676 OF 2008 -:4:- Crl.M.C. No. 3676 OF 2008 -:5:-