IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 Crl.MC.No. 4554 of 2010(F) -------------------------------------- [S.C. NO.364/2010 OF THE SESSIONS COURT, ALAPPUZHA] ................... PETITIONERS/ACCUSED: ------------------------------------- 1. NIROOP SOMAN, S/O. SOMAN, KUTTUVAKKATTU HOUSE, MUHAMMA.P.O, CHERTHALA. 2. RATHEESH, S/O. RATHEESHAN, KANIYAMPARAMBIL VEEDU, MUHAMMA.P.O, CHERTHALA. 3. ANOOR SOMAN, S/O. SOMAN, KUTTUVAKKATTU HOUSE, MUHAMMA.P.O, CHERTHALA. 4. SUMESH KUMAR, S/O. SUDHAKARAN, KARAKKAPPALLY, MUHAMMA.P.O, CHERTHALA. BY ADV. SRI.C.K.SAJEEV. RESPONDENTS/CW-1 & 2 AND THE COMPLAINANT: -------------------------------------------------------------------------- 1. REJIMON, S/O. PURUSHOTHAMAN, CHATHANATHU, MUHAMMA.P.O, CHERTHALA - 688 431. 2. RENJITH, S/O. SOMADAS, ERUKKAMVELY, MUHAMMA.P.O, CHERTHALA - 688 431. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. SRI.T.JAYAKRISHNAN, R3 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4554 of 2010 -------------------------- ORDER Petitioners are the accused and respondents 1 and 2, the defacto complainant and the injured in S.C.No.364/2010 on the file of Sessions Court, Alappuzha, taken cognizance for the offences under Sections 341, 323, 324, 326 and 308 read with Section 34 of Indian Penal Code on Annexure-1 final report. Prosecution case is that on 16.4.2009 at about 4.30 p.m., in furtherance of their common intention, while first respondent was riding a motor cycle with second respondent as the pillion rider, accused wrongfully restrained respondents 1 and 2 near Kayipram Junction and caused hurt to respondents 1 and 2 by beating with iron pipes and thereby committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 1 and 2 were CRMC 4554/10 2 settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 1 and 2 appeared through a counsel and filed a joint petition, along with the petitioners, stating that they have settled all the disputes and consequent to the settlement, they have no intention to prosecute the case further and therefore, sanction is to be granted to compound the offences. 3. Offences under Sections 326 and 308 of Indian Penal Code are not compoundable. Therefore, permission cannot be granted to compound the offences. 4. Learned counsel appearing for the petitioners, respondents 1 and 2 and learned Public Prosecutor were heard. 5. Annexure-1 final report shows that offences alleged against the petitioners are purely personal in nature against respondents 1 and 2. Learned CRMC 4554/10 3 Public Prosecutor also submitted that statements of respondents 1 and 2 recorded reveal that they have settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioners are purely personal in nature and all the disputes were settled amicably between the petitioners and respondents 1 and 2 and consequent to the settlement there is no likelihood of a successful prosecution, it is not in the interest of justice to continue the prosecution. Petition is allowed. S.C.No.364/2010 on the file of Sessions Court, Alappuzha is quashed. 9th December, 2010 (M.Sasidharan Nambiar, Judge) tkv