IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3352 of 2008() ------------------------- CC.219/2008 of J.F.C.M, KOTHAMANGALAM .................... PETITIONERS: ACCUSED ------------------- 1. JOSE, S/O. MATHAI, KIZHAKKEBHAGATH VEEDU, PYNGOTOOR KARA, KADAVOOR VILLAGE. 2. PRADEEP, S/O. GEORGE, CHEERATHOTTATHIL VEEDU, PYNGOTOOR KARA, KADAVOOR VILLAGE. 3. REJI, S/O. ABRAHAM, MADATHIKUDI HOUSE, PYNGOTTOOR KARA, KADAVOOR VILLAGE. 4. JOSEPH, S/O. ANTONEY, CHANDAMKULAM VEEDU, PYNGOTTOOR KARA, KADAVOOR VILLAGE. 5. MAJO, S/O. GEORGE, KIZHAKKEL VEEDU, PYNGOTTOOR KARA, KADAVOOR VILLAGE. 6. CHACKOCHAN, S/O. MARKOSE, PERUMBILYKKUNNEL, PYNGOTTOOR KARA, KADAVOOR BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS: DEFACTO COMPLAINANT AND STATE ------------------------------------------ 1. JOHN, S/O. MARKOSE, PERUMBILLYKKUNNEL, PYNGOTTOOR KARA, KADAVOOR VILLAGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.C.DILIP FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3352 of 2008 ---------------------------------------- Dated this the 22nd day of September 2008 O R D E R The petitioners face indictment in a prosecution for offence punishable inter alia under Section 294(b) read with 149 I.P.C. The crux of the allegations is that the petitioners, six in number, were members of an unlawful assembly, persons who allegedly trespassed into the property of the de facto complainant and indulged in acts of violence and mischief in furtherance of the common object of unlawful assembly. The rival contestants are neighbours. Disputes have been settled. Civil disputes have also been compromised. All the other offences allegedly committed are compoundable except the offences punishable under Sections 143,147,148 and 294(b). The parties having willingly and voluntarily settled their disputes and the de facto complainant/the first respondent having already settled the disputes and compounded the offence, it is prayed that powers under Section 482 Cr.P.C may be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] to bring to premature termination the unnecessary and superfluous continuation of the further proceedings in C.C.No.219/2008 pending before the learned J.F.C.M, Kothamangalam. Crl.M.C.No.3352/08 2 2. The second respondent has entered appearance through counsel. The counsel confirms that the disputes have been settled and the first respondent has compounded the offences allegedly committed. The de facto complainant has filed an affidavit to confirm such settlement. The learned counsel vouches for the settlement of the first respondent. 3. The offences alleged include non-compoundable offences. But the learned counsel pray that the dictum in Madan Mohan (Supra) may be invoked. The dispute is one which is purely private and personal between the parties. Offence under Section 294(b) relates only to exchange of words between the parties who are in loggerheads consequent to a civil dispute. Ground realities may be taken into account and an unnecessary technical view may not be taken. The need for conservation of judicial time to render optimum work may be taken into consideration. There is no possibility at all of any tangible outcome by the continuation of the prosecution, submits the learned counsel for the petitioners and the learned counsel for the first respondent. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the State has no objection against quashing of proceedings Crl.M.C.No.3352/08 3 in the peculiar facts and circumstances of this case. 5. I am persuaded to agree from the totality of circumstances in this case that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot (Supra) can and ought to be invoked to bring to premature termination the prosecution against the petitioners. 6. In the result, a) This Crl.M.C is allowed. b) C.C.No.219/08 pending before the learned J.F.C.M, Kothamangalam against the petitioners is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C, if any, pending against the accused and his sureties shall be disposed of by the learned Magistrate in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3352/08 4 Crl.M.C.No.3352/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008