IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Crl.MC.No. 1169 of 2011() ------------------------------------ CC.180/2010 of JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER(S): A1,A2 & A3. ----------------------------------------- 1. SAJI A.R., AGED 30 YEARS, S/O.RAJU, AREEKAL HOUSE, ELAPPUNKAL, VAZHOOR VILLAGE, KOTTAYAM DISTRICT. 2. BIJU P.B., AGED 32 YEARS, S/O.BHASKARAN PUTHUPARAMBIL HOUSE, ELAPPUNKAL, VAZHOOR VILLAGE, KOTTAYAM DISTRICT. 3. SANDEEP KUMAR, AGED 28 YEARS, S/O.KARUNAN, VADAKKELVEETTIL, ELAPUNKAL, VAZHOOR VILLAGE, KOTTAYAM DISTRICT. NOW RESIDING AT VADAKKELVEETTIL CHIRAKADAVU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.SURESH BABU (VADUTHALA) RESPONDENT(S): STATE AND CW1/CW4 ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLICKATHODU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PONNAMMA, (CW1) AGED 44 YEARS, W/O. KUTTAPPAN, KORATTIMALAVEETIL, VAZHOOR VILLAGE KOTTAYAM DISTRICT 686 504. 3. KUTTAPPAN @ ACHU, (CW4) AGED 48 YEARS, S/O. RAMANKOCHUKUNJ, KORATTIMALAVEETIL, VAZHOOR VILLAGE, KOTTAYAM DISTRICT 686 504. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN R2 & R3 BY ADV. SRI.M.V.LALU MATHEWS FOR R2-R3 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1169 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2011 O R D E R This is a petition filed by the accused 1 to 3 in Crime No.98/2010 of Pallickathodu Police Station, which is now pending as C.C. No.180/2010 before the Judicial Magistrate of the First Class-I, Kanjirappally, to quash Annexure-A final report/charge sheet and all further proceedings in the said C.C., as the matter has been settled between the parties. 2. The allegation against the petitioners/accused 1 to 3 was that on January 31, 2010 at 9 p.m. accused 1 to 3 due to enmity with CW1 and CW4 trespassed into their property and pushed CW4, the first accused beat CW1, accused 2 and 3 uttered obscene words against CW1 and CW4 and thereby committed offences punishable under sections 294 (b), 447, 341, 323 read with section 34 IPC. The police has filed a final report before the Judicial Magistrate of the First Class-I, Kanjirapaly and the same is pending. 3. It is stated in the petition that the matter has been CRMC 1169/2011 2 settled between the petitioners and respondents 2 and 3/the de facto complainants and affidavits to that effect are produced as Annexures-B and C. Therefore Annexure-A final report/charge sheet and all further proceedings in the C.C. may be quashed. 4. Notice given to the P.P. Adv. Sri Lalu Mathew appears for respondents 2 and 3/de facto complainants. He has also submitted that the matter has been settled between the parties. 5. The offence alleged against the petitioner under section 294(b) is non-compoundable. Offences punishable under sections 341, 323 and 447 IPC are compounded. The Apex Court has held in B.S. Joshi V. State of Haryana (2003 (2) KLT 1062 (SC)) that though the offences alleged against the petitioner were non-compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution, the entire proceedings can be quashed, exercising the powers under section 482 of Cr.P.C. The principles laid down in the above decision are CRMC 1169/2011 3 followed by this Court in Biju Eappen V. State of Kerala (2010(1) KLT 289). Therefore, in the light of the principles laid down in the above decisions and as the matter has been settled between the parties and offences punishable under sections 341, 323 and 447 IPC are compounded, no useful purpose will be served in keeping the case pending. Therefore, I am of the view that Annexure-A final report/charge sheet and all further proceedings in C.C. No.180/2010 before the Judicial Magistrate of the First Class-I, Kanjirappally have to be quashed. 6. In the result, this petition is allowed. Annexure-A final report/charge sheet in Crime No.98/2010 of the Pallickathodu Police Station and also all further proceedings in C.C.No.180/2010 before the Judicial Magistrate of the First Class-I, Kanjirappally are hereby quashed. P.Q.BARKATH ALI, JUDGE . mn.