IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4460 of 2008 ------------------------- CC.592/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM .................... PETITIONERS: ACCUSED NO.1 TO 3: ---------------------------------------- 1. VASANTHI @ VASANTHA KUMARI, AGED 66 YEARS, W/O.LATE E.K.VIJAYAN, UNICHIRA HOUSE, A.K.G.ROAD, CHANGAMPUZHA NAGAR P.O., ERNAKULAM 682 033. 2. BIJU VIJAYAN, AGED 46 YEARS, S/O.LATE E.K.VIJAYAN, KOTHAKULANGARA HOUSE, KOTHAKULANGARA ROAD, IRINJALAKUDA, TRICHUR DIST. 3. BEPIN VIJAYAN, AGED 39 YEARS, S/O.LATE E.K.VIJAYAN, APARTMENT NO.7, GANDHI NAGAR ROAD, GANDHI NAGAR, ERNAKULAM, KOCHI 682017. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BIJILY VIJAYAN, AGED 42 YEARS, W/O.LATE T.G.LAL, LAL COTTAGE, THYMATTOM, WARD NO.7, MUHAMMA PANCHAYAT, CHARAMANGALAM MURI, THANEERMUKKAM SOUTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 3. S.I. OF POLICE, KOTTAPADI POLICE STATION, KOTTAPADI, ERNAKULAM. CrL.MC : 4460/08 * 4. SHAHUL HAMEED, AGED 44 YEARS, S/O.MUHAMMED, KOTAPADI VILLAGE, VADACHERRY, KOTTAPADY VILLAGE, KOTHAMANGALM TALUK. ERNAKULAM DISTRICT. (IMPLEADED AS PER ORDER DT.08.11.08 IN CrL.MA NO.6759/08) R1 & R3 BY PUBLIC PROSECUTOR, SRI.S.U.NAZAR. R2 BY ADV. SRI.M.B.PRAJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.A. No. 7655 OF 2008 ----------------------------------------------- Dated this the 28th day of November, 2008 O R D E R Petitioners herein along with the 4th respondent faced indictment in a prosecution for offences punishable, inter alia, under Section 468 read with Section 34 IPC. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The crime in turn has been registered on the basis of a private complaint filed before the Magistrate and referred to the police under Section 156(3) Cr.P.C. Offences alleged include non-compoundable offences. 2. The crux of the allegations is that accused 1 to 3 assigned an item of property to the 4th accused. That property allegedly belonged originally to the predecessor in interest of the petitioners and the defacto complainant who is arrayed as the 2nd respondent in this case. The 2nd respondent alleged that a document has been executed by accused 1 to 3 in favour of the 4th respondent dishonestly and fraudulently suppressing her rights in the property. 3. Trial has not commenced. At this juncture, the petitioners have come to this Court along with the 2nd respondent with a Crl.M.C. No. 4460 OF 2008 -:2:- prayer that the prosecution initiated against all the 4 accused persons may now be quashed in as much as the parties have harmoniously settled their dispute and the 2nd respondent has compounded the offence allegedly committed by the accused persons. The 2nd respondent has entered appearance through counsel. Counsel confirms that the matter is settled and all offences alleged have been compounded. 4. Learned counsel for the petitioners and the 2nd respondent pray, learned Public Prosecutor does not oppose the said prayer and I am satisfied, the dispute between the parties, being a purely personal and private dispute and the State having no objections against quashing of proceedings, that the extra ordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] can safely be invoked to bring to premature termination of the prosecution which has lost all its meaning and relevance. Crl.M.C. No. 4460 OF 2008 -:3:- 5. In the result: a) This Crl.MC is allowed. b) CC No.592/06 pending before the Judicial First Class Magistrate Court, Kozhilode in which the petitioners and the 4th respondent are accused and the 2nd respondent is the defacto complainant is hereby quashed. c) Needless to say, the proceedings if any pending against the petitioner and sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. R. BASANT, JUDGE ttb Crl.M.C. No. 4460 OF 2008 -:4:- Crl.M.C. No. 4460 OF 2008 -:5:-