IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.MC.No. 2025 of 2008() ------------------------- PETITIONER: ACCUSED NOS.1 & 2: ------------------------------ 1. SHAJI, AGED 40 YEARS, S/O. RAJAPPAN, KADALIKKAT HOUSE, RAJAKUMARI, IDUKKI DISTRICT. 2. SAJI, AGED 37 YEARS, S/O. RAJAPPAN, KADALIKKAT HOUSE, RAJAKUMARI, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, RAJAKKADU POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. KUTTIKOCHU, IRUPPAKUTTU HOUSE, RAJAKUMARI P.O., IDUKKI DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) FOR R2 PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2025 of 2008 ---------------------------------------- Dated this the 17th day of June 2008 O R D E R Petitioners are accused 1 and 2 in a crime registered for offences punishable inter alia under Section 326 I.P.C at the Rajakkadu police station on 4/5/2008. The alleged incident had taken place on 3/5/2008. The accused persons - brothers had allegedly attacked the victim, the husband of their father's sister with dangerous weapons resulting in injuries to him. Crime has been registered. Investigation is in progress. The petitioners have already been arrested and enlarged on bail subject to conditions. They are complying with the conditions to appear before the investigating officer. At this stage, the petitioners and the second respondent/victim have settled their disputes amicably and harmoniously. It is submitted that all other outstanding disputes have been settled and in the interests of harmony, the second respondent does not want to continue to prosecute the petitioners. The petitioners and the second respondent who have entered appearance through counsel, in these circumstances, pray that powers under Section 482 Cr.P.C Crl.M.C.No.2025/08 2 may be invoked to bring to premature termination the investigation that is being conducted by the police. 2. The offences under Sections 341 and 324 I.P.C are compoundable; but the offences under Sections 326 and 294B I.P.C are not compoundable and it is in these circumstances that the petitioners have come before this court with a prayer to invoke the powers under Section 482 Cr.P.C. The learned counsel prays that though some of the offences alleged are not compoundable, this will be an eminently fit case where this court can invoke the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] to bring to premature termination the further proceedings in this crime, continuance of which will be unnecessary harassment and embarrassment to the parties who are relatives. It would be an unnecessary drain of the State exchequer to continue with this meaningless prosecution now, submits the learned counsel for the petitioner. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the dispute is one which is purely personal and private between the parties. Though allegation under Section 294(b) Crl.M.C.No.2025/08 3 I.P.C is raised, the allegation only relates to intemperate and objectionable language used by the parties in the course of the incident. At any rate, State has no objection against premature termination of proceedings by invoking the dictum in Madan Mohan Abbot (Supra), submits the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I am persuaded to agree that powers under Section 482 Cr.P.C can be invoked and the proceedings can be brought to premature termination. 5. In the result, a) This Crl.M.C is allowed. b) Crime No.88/08 of Rajakkadu police station is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2025/08 4 Crl.M.C.No.2025/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007