IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Crl.MC.No. 4894 of 2008() --------------------------------------- S.C.229/2008 OF IIND ADDL.ASSISTANT SESSIONS COURT,THRISSUR AND L.P.97/2004 OF JFCM COURT, CHAVAKKAD. ...... (CRIME NO.72/2003 OF GURUVAYOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. SHIJU, S/O BALAKRISHNAN, ALUNKKAL VEEDU, RESIDING NEAR EARATH TEMPLE, NEMINI DESOM, THAIKKAD VILLAGE, CHAVAKKAD, THRISSUR. 2. SUNILKUMAR @ SUNIL, S/O VELAYUDHAN CHEMBIL, RESIDING NEAR EARATH TEMPLE, NEMINI DESOM THAIKKAD VILLAGE, CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMADAS, AGED 28 YEARS, S/O.BALAN, EARATH HOUSE RESIDING AT GURUVAYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 3. PRAMOD, AGED 31 YEARS, S/O.SANKARAN, EARATH HOUSE, RESIDING AT GURUVAYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI. GIKKU JACOB FOR R1 ADV. SRI.HAXER.K.H. FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.4894 of 2008 ------------------------------------- Dated this the 8th day of January, 2009 ORDER Petitioners as accused 3 and 4 face indictment in a prosecution for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Cognizance has already been taken. The matter is pending before the Court of Session. Altogether there were 6 accused. The petitioners were not available for trial. The coaccused have already been tried found not guilty and acquitted by Annexure-B judgment produced by the petitioners. There are 2 victims in the crime. They are additional respondents 2 and 3. The parties have now settled their disputes. Respondents 2 and 3 have filed separate affidavits to confirm that they have settled the disputes and have compounded the offence allegedly committed by the petitioners. It is, in these circumstances, prayed that the composition may be accepted and invoking the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] the prosecution may be quashed. Crl.M.C. No.4894 of 2008 2 2. Respondents 2 and 3 have entered appearance through different counsel. They have filed separate affidavits to confirm that the parties have settled their disputes and have compounded the offences allegedly committed. 3. The learned counsel for the petitioners and respondents 2 and 3 pray, the learned Public Prosecutor does not oppose the said prayer and I am now satisfied that the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in the 3 decisions referred above can safely be invoked in the facts and circumstances of this case to bring to premature termination the surviving unnecessary and irrelevant prosecution against the petitioner herein. In coming to this conclusion I take note of the stand taken by the learned Public Prosecutor that the offences alleged are purely private and personal between the parties. No interest of public justice is involved, submits the learned Public Prosecutor. 4. In the result: a) This Crl.M.C is allowed; b) S.C.No.229 of 2008 pending before the Second Additional Assistant Sessions Court, Trichur in which the Crl.M.C. No.4894 of 2008 3 petitioners herein are the surviving accused and respondents 2 and 3 are the alleged victims is hereby quashed; c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-