IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Crl.MC.No. 416 of 2009() ------------------------------------ (CRIME NO.673/2008 OF THE FAROOK POLICE STATION) PETITIONER(S): ACCUSED: ------------------------------------------ 1. M.C.VIJAYAN ,AGED 51 YEARS, S/O.APPUNNI, PARIKATTIL HOUSE, FAROKE AMSOM, NALLUR, NALOOR DESOM. 2. MANAL SHANMUGHAN, S/O.APPU, MANAL VEEDU, NALLUR, FAROKE AMSOM,NALLUR AMSOM. 3. KOLENCHERRY PRESULE, S/O.KRISHNAN, KURUNGATTIL HOSE, PUTTEKAD, NALOOR. 4. ORKUZHY BALAKRISHNAN, AGED 60 YEARS, S/O.BICHUKORU, ELAYEDATH THAZHATH, WEST NALLOOR, FAROKE. 5. M.C.VIPIN, S/O. M.C.VIJAYAN, PAREKATIL (H) FAROKE AMSOM, NALLOOR DESOM ,NALLOOR. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, FAROOK POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KRISHNA DAS, AGED 58 YEARS, S/O.AYYAPPAN, RESIDING AT ELAYIDATHU THAZHATHU VEEDU, WEST NALOOK, FAROOK, KOZHIKODE. R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM R2 BY ADV. MR.V.ANIL (K/1480/98) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2009 ALONG WITH CRMC NO. 423 OF 2009, CRMC NO. 427 OF 2009 AND CRMC NO. 436 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. Nos.416, 423, 427 & 436 of 2009 ------------------------------------------------- Dated this the 4th day of February, 2009 ORDER As these four matters are connected, I am proceeding to dispose of these Crl.M.Cs. by a common order. 2. These petitions are filed to quash further proceedings in four crimes registered at the Feroke Police Station on the ground that on the basis of a comprehensive settlement , the parties have settled all their outstanding disputes and the victims have compounded the offences. The offences alleged include non- compoundable offences and hence the petitioners along with the alleged victims have come before this Court with a prayer to invoke the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and Crl.M.C. Nos.416, 423, 427 & 436 of 2009 -: 2 :- Manoj Sharma v. State (2008 (4) KLT 417) to bring to premature termination the unnecessary and superfluous further proceedings against the petitioners in these 4 crimes. 3. Crl.M.C.No.416/09 relates to Crime No.673/08. The five petitioners are the only accused in that crime. They face allegations for offences punishable, inter alia, under Sec.435 read with Sec.149 IPC. The 2nd respondent is the sole victim. 4. Crl.M.C.No.423/09 relates to Crime No.643/08 of the Feroke Police Station registered under Sec.436 read with Sec.34 IPC. There are four accused persons and they are the petitioners herein. The 2nd respondent is the victim in that crime. 5. Crl.M.C.No.427/09 relates to Crime No.644/08 of the Farook Police Station. There are altogether 5 accused persons in that crime and they are the petitioners. The crime is registered alleging offences punishable under Secs.447 and 427 read with Sec.34 IPC. The 2nd respondent is the sole victim. Even though the offences alleged are all compoundable, the outstanding disputes have been settled in pursuance of the comprehensive settlement between the parties. The petitioners have come to this Court to report composition and to seek simultaneous discontinuance of the proceedings. Crl.M.C. Nos.416, 423, 427 & 436 of 2009 -: 3 :- 6. Crl.M.C.No.436/09 relates to Crime No.671/098 registered alleging offences punishable, inter alia, under Secs. 506(ii) read with Sec.149 IPC. There are 7 accused persons in the crime and the petitioners are the said accused. There are 3 injured persons and they are arrayed as respondents 2 to 4. 7. The victims/respondents in all the four cases have entered appearance through counsel. They confirm such settlement/composition. They have filed affidavits to confirm such composition. The learned counsel confirms that all outstanding disputes have been settled in pursuance of the comprehensive settlement between the parties. 8. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms that the disputes have been settled and the offences alleged have been compounded by the alleged victims/respondents. The offences alleged are purely private and personal ones between the parties. Those are intra party disputes in a political party. All the outstanding disputes have been settled compressively. There are no issues of public justice or public interest involved. The State has no objection against the quashing of these four crimes all registered at the Feroke Police Station, submits the learned Public Prosecutor. 9. I am satisfied that these are eminently fit cases where Crl.M.C. Nos.416, 423, 427 & 436 of 2009 -: 4 :- the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the three decisions referred above can safely be invoked to bring to premature termination all further proceedings in the 4 crimes referred above. 10. In the result: (a) These Crl.M.Cs. are allowed. (b) All further proceedings in Crime Nos.673, 643, 644 & 671/08 of the Feroke Police Station registered against the respective petitioners are hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. Nos.416, 423, 427 & 436 of 2009 -: 5 :-