IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 Crl.MC.No. 1028 of 2009(A) ------------------------------- CC.694/2007 IN CRIME NO.287/88 OF PERINTHALMANNA POLICE STATION ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-I, PERINTHALMANNA. .................... PETITIONER(S): 3RD ACCUSED ----------------------------------- K.BASHEER, S/O. ASSAINU, KIZHAKKETHALA HOUSE, THAZHEKODE AMSOM AMMINIKKAD DESOM, PERIONTHALMANNA TALUK MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CR.NO.287 OF 1988 OF PERINTHALMANNA POLICE STATION) 2. VALLORAN HANEEFA, S/O.MUHAMMED THAZHEKODE AMSOM AMMINIKKAD DESOM PERINTHALMANNA TALUK MALAPPURAM DISTRICT. 3. VALLORAN SHOUKATH, S/O.MUHAMMED THAZHEKODE AMSOM AMMINIKKAD DESOM PERINTHALMANNA TALUK MALAPPURAM DISTRICT. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1028 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009. O R D E R This petition is filed to quash all further proceedings in C.C.694/07 pending before the Judicial First Class Magistrate, Perinthalmanna. The original case C.C.252/89 was split up on the basis of the abstention of the present petitioner from the Court and the offence is of the year 1988. The other accused faced criminal trial and all of them were convicted u/s 323 of IPC and directed to pay a fine of Rs.500/- each. Now the petitioner would submit that the injured in the case namely CWs.1 and 2 have settled the matter with the petitioner here and therefore there is no need to prosecute the matter further. The learned counsel relying on the decision of the Apex Court would contend that the injury sustained and the offence involved are of a personal nature and it has come out in evidence that the materials available would at the most invoke an offence u/s 323 IPC. S.323 is a matter which is compoundable when there is no grievance for Crl.M.C. 1028 OF 2009 -:2:- the injured. Now as the matter stands even if the best possible evidence is adduced it will only invoke an offence u/s 323 and such being the situation, being a compoundable offence of which dispute is settled by the parties, I do not want to protract the litigation. In Joshi's case(B.S. Joshi v. State of Haryana (2003 (4) SCC 675) also the Hon'ble Supreme Court has cautioned that while invoking S.482 Cr.P.C. there is a duty for the High Court to see what will be the end point of the litigation if the prosecution is permitted to continue. So taking note of the entire circumstances available in the case it can be seen that at the most the contention can be heard u/s 323 IPC which being compoundable and already been compounded there is no point in the prosecution to continue so that the time of the Court also can be saved. So Invoking power u/s 482 Cr.P.C I quash all further proceedings in C.C.694/07 pending before the Judicial First Class Magistrate, Perinthalmanna. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-