IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 148 of 2009() ------------------------ CRIME NO.4/2009 OF KAKKOOR POLICE STATION PETITIONER(S): ACCUSED NOS.1 TO 9 --------------------------------- 1. SURESH,S/O.ANDY, AGED 32 YRS, VARINGILORAMMAL HOUSE,PARANNUR.P.O,NARIKKUNI, KOZHIKODE DISTRICT. 2. ANIL KUMAR, S/O.CHOYI,AGED 31 YRS, PALADIPURAYIL HOUSE, NARIKKUNI.P.O,KOZHIKODE. 3. SHAJI, S/O.RAMAN KUTTY,AGED 28 YRS, KULANGHARA PURAYIL HOUSE,PARANNUR.P.O,NARIKUNNI, KOZHIKODE DISTRICT. 4. SHAJU, S/O.CHATHAN,AGED 28 YEARS, PALADIKUZHIYIL HOUSE,NEDIYANAD.P.O,NARIKUNNI, KOZHIKODE. 5. VINOD,S/O KORAN,AGED 32 YRS, THENARKANDIYIL HOUSE,PARANNUR.P.O,NARIKKUNI, KOZHIKODE DISTRICT. 6. BABILAL,S/O BALAN,AGED 22 YRS, CHALIYEKKARA KUNNUMMAL HOUSE,NARIKKUNI.P.O, KOZHIKODE. 7. SATHYAN,S/O VASU,AGED 33 YRS,POYILIL HOUSE, PARANNUR.P.O,NARIKKUNI-KOZHIKODE. 8. RAJEESH, S/O.ANDY,AGED 24 YRS, MEKKAIPPATTU PURAYIL HOUSE,PARANNUR.P.O, N ARIKKUNI, KOZHIKODE DISTRICT. 9. SANTHOSH,S/O.DAMODHARAN,AGED 32 YRS, PALADIKUZHI MEETHAL HOUSE,NEDIYANAD.P.O, NARIKKUNI-KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. MANEESH LAL.P.S,S/O.PRABHAKARAN, AGED 29 YRS,MANJUBHAVANAM,PANAYAM.P.O,PERINAD- KOLLAM DISTRICT. 2. SHIBIN,S/O.VANARAJ,AGED 27 YRS, ROADARIKATH HOUSE,MARUTHAMALA.P.O,VITHURA- THIRUVANANTHAPURAM. 3. STATE OF KERALA THROUGH THE S.I.OF POLICE,KAKKOOR POLICE STATION, KOZHIKODE, REP; BY THE P.PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.K.F.SAKKIR FOR R1 & R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.148 of 2009 ---------------------------------------- Dated this the 20th day of January 2009 O R D E R Petitioners are nine accused persons named in a crime registered alleging offences punishable under Sections 143, 147,148,452,427, 324 and 308 read with 149 I.P.C. Investigation is in progress. The crux of the allegations is that the petitioners herein along with some others, in the course of new year day celebration on the night of 31/12/2008, indulged in the alleged overt acts. Crime has been registered. Investigation is in progress. Final report has not been filed yet. 2. At this juncture, the petitioners have come before this court along with respondents 1 and 2 to apprise this court of the fact that all outstanding disputes between them have been settled and respondents 1 and 2 have compounded the offences allegedly committed by the accused persons. In these circumstances, respondents 1 and 2 do not want to pursue the prosecution and they pray that the crime registered may be quashed and they may be saved of the unnecessary trauma of such a criminal prosecution against them. Respondents 1 and 2 have entered appearance through counsel to confirm such Crl.M.C.No.148/09 :2: settlement/composition. A joint statement has been filed by the petitioners and respondents 1 and 2 duly countersigned by their respective counsel to confirm such composition/settlement. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the investigation is not complete. However, the police/State have no objection against the acceptance of the composition and dropping of all further action. Respondents 1 and 2 were questioned. They are the victims. It is true that they have settled and compounded the matter, submits the learned Public Prosecutor. 4. The learned counsel for the petitioners and respondents 1 and 2 pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied 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 v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008 (3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] can safely be invoked to bring to premature termination all proceedings initiated against the petitioners and others in crime No.4/09 of Kakkoor police station. Crl.M.C.No.148/09 :3: 5. In the result, a) This Crl.M.C is allowed. b) Crime No.04/09 registered at the Kakkoor police station alleging offences punishable under Sections 143, 147,148,452,427, 324 and 308 read with 149 I.P.C against the petitioners is hereby quashed. (R.BASANT, JUDGE) jsr R.BASANT, J. ---------------------- Crl.M.C.No.148 of 2009 ---------------------------------------- Dated this the 13th day of January 2009 O R D E R The prayer is to quash a crime registered alleging offences punishable under Section 308 I.P.C on the ground that the parties have settled their disputes. The victims have entered appearance through counsel and have filed a joint application for composition. 2. Notice given. The learned Public Prosecutor shall take instructions. Call on 20/01/2009. Crl.M.A.No.192/09 There shall be an undertaking that the petitioner shall not be arrested till 20/01/2009.