IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Crl.MC.No. 4719 of 2008 ---------------------------------- (CRIME NO. 360/2008 OF THE PONNANI POLICE STATION) ............... PETITIONERS/ ACCUSED: ------------------------------------- 1. MOHALAR THANGAL, S/O. CHERUKUNHIKOYA THANGAL, PUTHANMALIYEKKAL HOUSE, VELIYAMCODE,MALAPPURAM DISTRICT. 2. SUBAIR K, S/O. KUNHU, KUNNANAYIL HOUSE, ANDATHODE, CHAVAKKAD, THRISSUR DISTRICT. 3. K.V. ABU, S/O. BEERAVU, KORUVALAPPIL HOUSE, VELIYAMCODE, PONNANI,MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR. RESPONDENTS/ STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION- THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. CHERUKUNHIKOYA THANGAL, S/O. ATTAKOYA THANGAL, PUTHANMALIYEKKAL HOUSE, VELIYAMCODE, PONNANI, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR, R2 BY ADV. SRI.K.RAKESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4719 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of December, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 326 r/w. 149 I.P.C. Investigation is complete. Final report has already been filed. C.C. 478 of 2008 has been registered before the J.F.M.C., Ponnani against the petitioners. 2. At this stage the petitioners and the victim/second respondent have appeared before this court to apprise this court of the fact that the parties have settled their disputes willingly and voluntarily. The second respondent has compounded the offences allegedly committed by the petitioners. 3. The offence is not compoundable. But the dispute is one which is purely private and personal between the parties. There is no issue of any public justice or public interest involved. It is purely a family dispute between the parties, which had resulted in the offences alleged. It is in these circumstances 2 prayed that the composition may be accepted and the proceedings quashed. 4. The second respondent has entered appearance through counsel, who confirms the settlement/composition. An affidavit duly attested by a Notary public is produced. It is confirmed that all outstanding disputes have been settled. 5. The learned counsel for the petitioners and the second respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. C.B.I. (2008 (3) KLT 769) and Manoj Sharma v. State (2008 (4) KLT 417 (SC) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. 4. In the result: a) This Crl.M.C. is hence allowed. 3 b) C.C.478 of 2008 pending before the J.F.M.C. Ponnani, in which the petitioners are the accused and the second respondent is the defacto complainant, is 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