IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Crl.MC.No. 4761 of 2008() ------------------------- CRIME NO. 244 OF 1997 OF NILAMBUR POLICE STATION L.P. 76/07 IN CC.446/1997 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR .................... PETITIONER: --------------- RESAK @ KUNHIMON, S/O.A.K.ALU CHANDRAKUNNU, NILAMBUR. BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. T.K.BALAKRISHNAN, S/O.AYYAPPAN, THAMARAKULAM HOUSE, CHAKKALAKUTH, NILAMBUR 2. GIREESAN @ GOPALAN, S/O.RAMAKRISHNAN NAIR, KING HOTEL MANAGER, ARUVAKKOD, NILAMBUR. 3. SURENDRAN @ BABU, S/O.AYYAPPAN, THAMARAKULAM HOUSE, CHAKKALAKUTH, NILAMBUR 4. BALAN, NECHIKKADAN HOUSE, THRIKKALANGODE PO., MANJERI, 5. VELAYUDHAN, VADAKKETHIL HOUSE PO.BHOOTHANAM COLONY, BHOOTHANAM, CHUNGATHARA. 6. SUBRAMANIAN, KALATHIL HOUSE PO.MANDALODY, NILAMBUR. 7. NOUSHAD.E.K., ERIYATKUZHIYIL HOUSE PO.KARAD, VIA.WANDOOR, NILAMBUR. 8. AJAYAN, S/O.SUKUMARAN, THOTTASSERI HOUSE, PALLIKUTH PO., CHUNGATHARA. 9. SREEDHARAN @ MAMAN, S/O.VELAYUDHAN EZHUTHACHAN, KAVUNGAL HOUSE, ARUVAKKODU, NILAMBUR. 10. THOTTATHIL HAMZA, S/O.MUHAMMEDKUTTY ASSISTANT COOK, KINGS HOTEL ARUVAKKODU. 11. STATE OF KERALA, REP. BY THE SUB INASPECTOR OF POLICE, NILAMBUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R1 TO R10 BY ADV.MARY BEENA JOSEPH R11 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4761 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of December, 2008 O R D E R The petitioner, along with the co-accused, faced indictment in a prosecution for offences punishable under Sections 143, 147, 148, 448, 323 and 427 r/w. 149 I.P.C. The petitioner was arrayed as the 6th accused in the final report. The petitioner was not available for trial. The co-accused, who stood trial, were found not guilty and acquitted as per Annex.A2 judgment. The case against the petitioner was split up and re-filed. The same was transferred to the list of long pending cases and is pending as L.P. 76 of 2007 (C.C. 401 of 2000). 2. At this juncture the petitioner, along with respondents 1 to 10, who are the defacto complainants/victims, has come before this Court to apprise this court of the fact that the parties have settled their disputes and respondents 1 to 10 have compounded the offences allegedly committed by the petitioner. All other substantive offences alleged are compoundable offences, but the Crl.M.C.No. 4761 of 2008 2 offences under Sections 143, 147 and 148 I.P.C. are not legally compoundable. 3. Respondents 1 to 10 have entered appearance through a counsel. They, along with the petitioner, have filed a joint application for composition. The counsel confirms that the disputes have been settled. 4. The learned counsel for the petitioner and respondents 1 to 10 pray, the learned Prosecutor, after taking instructions, does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that this is an eminently fit case where the powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. C.B.I. (2008 (3) KLT 769) and Manoj Sharma v. State (2008 (4) KLT 417 (SC) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. I take note of the fact that the dispute is one which is personal and private between the accused and the victims and that no issues of public interest or public justice are involved. I take note of the stand taken by the learned Prosecutor also. Crl.M.C.No. 4761 of 2008 3 4. In the result: a) This Crl.M.C. is hence allowed. b) L.P. 76 of 2007 (C.C.400 of 2000) pending before the J.F.M.C.-II, Nilambur against the petitioner herein is hereby quashed. c) The learned Magistrate shall make necessary entries in the concerned registers to record such quashing/termination of proceedings. d) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and the sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm