IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2817 of 2008() ------------------------- LPC.62/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER: ------------ 1. SURFF @ SARFUDEEN, S/O.ABDUL KHADER, RESIDING DO.DO. 2. KALEL IBRAHIM KALEEL S/O.ABDUL KHADER, WEST HOUSE MAYIN NAGAR, UDAYAGIRI,KASARAGODE BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. STATION HOUSE OFFICER, KASARAGODE POLICE STATION 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 3. C.PRABHAKARAN, S/O.CHIRUKANDAN, PANNIPPARA, MADHUR VILLAGE. 4. P.N.RAJESH, S/O.NARAYANAN, KAILASAPURAM, UDAYAGIRI MADHUR VILLAGE,KASARAGODE. BY PUBLIC PROSECUTOR SRI.AMJAD ALI SRI. CIBI THOMAS FOR R3 AND R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRL.M.C.NO.2818 OF 2008 ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.2817 & 2818 of 2008 ---------------------------------------- Dated this the 31st day of July 2008 O R D E R The common petitioners in these two cases face indictment in these prosecutions for offences punishable inter alia under Section 153(A) read with 149 I.P.C. 2. The available co-accused have already been tried, found not guilty and acquitted. The petitioners have now come before this court to report to the court that they have settled their disputes with the alleged victims. Some of the offences are non-compoundable; but it is prayed that the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] may be invoked and notwithstanding the fact that the offences are non-compoundable, powers under Section 482 Cr.P.C may be pressed into service to bring about premature termination of the proceedings. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor points out that this is not a fit case where the dictum in Madan Mohan (Supra) can safely be invoked and applied. It is submitted that the offences alleged Crl.M.C.No.2817 & 2818 of 2008 2 include the offence punishable under Section 153A I.P.C and it cannot be said that the dispute in this case is one which is personal and private between the parties who have settled the disputes. In any view of the matter there is absolutely no justification in invoking the said dictum in this case, submits the learned Public Prosecutor. 4. I have already adverted to the dictum in Madan Mohan (Supra) in the decision in Santhosh v.State of Kerala [2008(3) KLT 240] and it has been held that Madan Mohan (Supra) does not lay down an abstract principle of law that when composition of a non-compoundable offence takes place, conviction of law is found to be possible straight away powers under Section 482 Cr.P.C can be invoked to quash the proceedings against the indictees. The acquittal of the co- accused cannot also deliver any advantage to the petitioners in the light of the decision in Moosa vs. Sub Inspector of Police [2006(1) KLT 552 (FB)]. I am in these circumstances satisfied that the prayer for invocation of the extraordinary inherent jurisdiction in favour of the petitioners to bring to premature termination the prosecutions under Section 153A I.P.C is not justified. Crl.M.C.No.2817 & 2818 of 2008 3 5. In the result, these Criminal Miscellaneous Cases are dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr Crl.M.C.No.2817 & 2818 of 2008 4 Crl.M.C.No.2817 & 2818 of 2008 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008