IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Crl.MC.No. 2385 of 2008() ------------------------- CC.1335/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER: ------------ SHARAJ, AGED 30 YEARS, S/O JAYAPRAKASHAN, KANJIRAPARAMBIL HOUSE, PUNNA, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2. ANIL KUMAR, AGED 32 YEARS, S/O CHATHU, VAZHAVALAPPIL HOUSE, VHAKKITAPARA DESOM, QUILANDY, KOZHIKODE. 3. PRASHANTH, S/O UNNIKRISHNAN, ARANIYIL VEETIL,SREEKRISHNAPURAM,OTTAPALAM, PALAKKAD. 4. SUNILKUMKAR, AGED 32 YEARS, S/O KRISHNAN ,PARAKKAL THODIVEETIL, KARAKKAPADOM, THIRUVILLAMALA. 5. MANNU THOMAS, S/O THOMAL,KALATHILVEETI, KADAPRAPARUTHENDEOM,THIRUVALLA, PATHANAMTHITTA DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SRI.K.B.ARUNKUMAR FOR R2 TO 5 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2385 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Sections 447, 324 and 294B I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. 2. The crux of the allegations is that the accused persons trespassed into the compound of a Bar. The petitioner allegedly used abusive words and attacked the employees of the bar and caused simple injuries with a dangerous weapon to the victims, i.e. respondents 2 to 5 herein. All offences alleged, except the one punishable under Section 294(b) I.P.C., are compoundable under section 320 Cr.P.C. The petitioner and respondents 2 to 5/victims have come before this Court through their counsel to apprise the court of the fact that they have settled their disputes and respondents 2 to 5 have compounded the offences alleged against the petitioner. They have no surviving grievance now Crl.M.C.No. 2385 of 2008 2 and they do not want to continue the proceedings. They are unable to apply before the learned Magistrate and seek composition in as much as one of the offences, i.e. S.294(b) I.P.C. is not legally compoundable. It is in these circumstances prayed that the dictum in Madan Mohan Abbot v. State of Punjab (2008 AIR SCW 228) may be invoked to bring to premature termination the prosecution against the petitioner herein. The learned counsel for the petitioner submits that even without the aid of Madan Mohan Abbot (supra) the proceedings are liable to be quashed in as much as the allegations do not reveal any offence under Section 294(b) I.P.C. But the counsel submits that without going into that question, in view of the settlement, the proceedings may be brought to premature termination. 3. Notice given to the learned Prosecutor. The Prosecutor does not make any objection against quashing of the proceedings invoking the dictum in Madan Mohan Abbot (supra). The parties having settled their disputes and respondents 2 to 5 having compounded the offences alleged against the petitioner, I am satisfied that this is a fit Crl.M.C.No. 2385 of 2008 3 case where the dictum in Madan Mohan Abbot (supra) can be pressed into service. 4. In the result: a) This Crl.M.C. is allowed. b) C.C. No.1335 of 2007 pending before the J.F.M.C. Chavakkad against the petitioner is hereby quashed. (R. BASANT) Judge tm