IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4121 of 2008 ---------------------------------- ( CRIME NO.727/2007 OF MEDICAL COLLEGE POLICE STATION, TRIVANDRUM) .................... PETITIONERS/ ACCUSED: ------------------------------------- 1. THAJUDEEN,S/O. BADARUDEEN, PUTHUSSERY B.K.HOUSE, NEAR BYEPASS WALL, CHITHARA PANGODE, TRIVANDRUM. 2. DILEEP KUMAR, S/O.CHANDRAN HARITHA BHAVAN, KULAMANKUZHY, CHITHARA, KALLARA VILLAGE, TRIVANDRUM. 3. SAKEER HUSSAIN, S/O., MUHAMMED ISMAIL J.J.MANZIL, CHATTACHAL, VITHURA, TRIVANDRUM DISTRICT. BY ADV. SRI.P.U.SHAILAJAN. RESPONDENTS/ STATE AND DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SALIM M.KABIR, GUL MOHAR, TC 2/3608 KESAVADASAPURAM, TRIVANDRUM. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 4121 & 4125 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November, 2008 O R D E R These Crl.M.Cs. are filed by the rival contestants in a case and counter case pending before the learned Addl. C.J.M., Trivandrum. The cases are registered as C.C. 527 and 528 of 2008. In C.C.527 of 2008 there are three accused persons. They are the petitioners and the second respondent is the defacto complainant/victim in one petition. The offences alleged include offences punishable under Sections 341, 323 r/w. 34 I.P.C. All offences are compoundable. But as the parties have settled both the allegations together, they have come before this Court to make a composite request to quash the proceedings in both cases. 2. In C.C. 528 of 2008 there are two accused persons. They are the petitioners before me in the second petition. They face indictment for offences punishable, inter alia, under Section 294(b) r/w. 34 I.P.C. The offence under Section 294(b) is the only non-compoundable offence alleged. There are two victims. They are impleaded as additional respondents 2 and 3. Crl.M.C.Nos. 4121 & 4125 of 2008 2 3. The petitioners and the respondents in both the cases submit that the disputes between them have been settled amicably. Necessary statements to that effect have also been filed. The learned Prosecutor, after taking instructions, submits that the State has no objection against quashing of proceedings in both the cases. The offence under Section 294(b) alleged in C.C. 528 of 2008 is not compoundable. But I am satisfied that invoking the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and Nikil Merchant v. C.B.I. (2008 (3) KLT 769), the composition can be accepted and both the pending cases can be quashed. 4. In the result: a) These Crl.M.Cs. are hence allowed. b) C.C. Nos. 527 and 528 of 2008, both pending before the learned Addl. C.J.M., Trivandrum, are hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioners and their sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm Crl.M.C.Nos. 4121 & 4125 of 2008 3 R. BASANT, J. - - - - - -- - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 4121 & 4125 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R The petitioners in these case, who figure as accused in a case and counter case alleging offences, including non-compoundable offences, have come before this Court with a prayer that the dictum in Madan Mohan Abbot v. State pf Punjab (2008 (3) KLT 19) may be invoked to bring to premature termination the proceedings in both cases. 2. Notice given. The learned P.P. Shall take instructions. Call on 7.11.2008. (R. BASANT) Judge tm