IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Crl.MC.No. 3048 of 2008() ------------------------- CC.18/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI CRIME NO.14/04 OF TRITHALA POLICE STATION .................... PETITIONER: ACCUSED: -------------------- 1. KRISHNAKUMAR, S/O.HARIHARAN, MULAKKAL HOUSE, PUDUKKAD, MUKUNDAPURAM TALUK. 2. REJITHA, W/O.KRISHNAKUMAR, MULAKKAL HOUSE, PUDUKKAD, MUKUNDAPURAM TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- 1. M.K.ABOOBECKER, S/O.KUNHIMARAKKAR, MANGATTUKULANGARA HOUSE, ALOOR DESOM, PATTI THARA, OTTAPPALAM TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3048 of 2008 ------------------------------------- Dated this the 27th day of August, 2008 ORDER Petitioners, a couple, face indictment in a prosecution for offences punishable, inter alia, under Section 406 r/w 34 I.P.C. All other offences are compoundable offences. The allegations are raised in respect of a transaction in relation to a bus between the petitioners on the one hand and the defacto complainant who is arrayed as the 1st respondent herein on the other. Investigation is complete. Final report has already been filed. Cognizance has been taken. Calendar Case has been registered. The matter is pending before the learned Judicial Magistrate of the First Class, Pattambi. At this stage the petitioners and the 1st respondent have come before this Court together and do submit through their counsel that the disputes between them have been settled amicably and the 1st respondent has compounded the offences allegedly committed by the petitioners. Annexure-C agreement has been entered into between the parties. A joint application for composition duly signed by the petitioners and the 1st respondent and counter signed by the respective counsel Crl.M.C. No.3048 of 2008 2 is also filed to confirm such composition/settlement. The counsel jointly pray that the disputes between the parties having already been settled and the 1st respondent having already compounded the offences allegedly committed by the petitioners, the composition may be accepted notwithstanding the fact that the offence under Section 406 I.P.C is not compoundable and proceedings against the petitioners may be quashed invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287]. The dispute is one that is personal and private between the parties. No public interest or policy is involved. Parties have settled their disputes. Ground realities may be taken into account. Unnecessary technicalities may be eschewed. It may be noted that in the light of composition and settlement, nothing productive is likely to come out of the continuance of the proceedings. 2. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor after taking instructions submits that the matter has been settled between the parties amicably and that the State has no objection against invocation of the jurisdiction under Section 482 Cr.P.C to bring to premature Crl.M.C. No.3048 of 2008 3 termination this unnecessary irrelevant and redundant prosecution against the petitioners. 3. Having considered all the relevant circumstances, I am satisfied, that this an eminently fit case where the extraordinary inherent jurisdiction jurisdiction under Section 482 Cr.P.C can and ought to be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287]. 4. In the result: i) This Crl.M.C is allowed; ii) C.C.No.18 of 2005 pending before the Judicial Magistrate of the First Class, Pattambi against the petitioners is hereby quashed; iii) The proceedings, if any, initiated and pending against the petitioners under Section 446 Cr.P.C must be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-