IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 3961 of 2008() ------------------------- CRIME NO.728/08 OF KANNUR TOWN POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. K.C.PRADEESH, S/O.ANANDAN, AGED 45 YEARS, RESIDING AT ROSE VILLA, KANOOKKARA P.O.THANA, KANNUR-12. 2. SREEJA.M.C., D/O.SOMASUNDARAN, AGED 39 YEARS, RESIDING AT ROSE VILLA, P.O.THANA, KANNUR. 3. DEVADASAN K., S/O.CHOYI, AGED 65 YEARS, RESIDING AT NALINALAYAM, P.O.CHOVVA, KANNUR - 6. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.C.REJULA, D/O.ANANDAN, AGED 42 YEARS, RESIDING AT NALINALAYAM, P.O.CHOVVA, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.S.NIDHEESH FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3961 of 2008 ------------------------------------- Dated this the 7th day of November, 2008 ORDER Petitioners are accused 1 to 3 and they face allegations in a crime registered initially alleging offences punishable, inter alia, under Section 307 I.P.C. In the course of investigation the allegations under Section 307 I.P.C has been deleted. The petitioners face allegations for offences punishable, inter alia, under Section 326 I.P.C. The offences punishable under Sections 326, 506 (ii) and 294 (b) I.P.C are not compoundable. 2. Investigation is in progress. Final report has not been filed yet. At this stage, the petitioner along with the victim/injured/informant has come before this Court to apprise this Court of the fact that they have settled all their outstanding disputes and the 2nd respondent has compounded the offences allegedly committed by the petitioners. Notwithstanding the fact that the offences are not compoundable, the composition may be accepted and the irrelevant and unnecessary further continuation of the proceedings may be quashed, they pray. Crl.M.C. No.3961 of 2008 2 3. Altogether there are 3 accused persons. The informant/injured (2nd respondent) is a woman. She is the sister of the 1st accused. 2nd accused is the wife of the 1st accused. The 3rd accused is the uncle of both the defacto complainant and the 1st accused. There was a dispute relating to partition of the properties. In the incident only one person, ie. the defacto complainant (R2), has suffered injuries. The 2nd respondent has entered appearance through counsel. She has filed Annexure-II agreement to confirm that the parties have settled their disputes. An affidavit duly attested by counsel has also been filed by the 2nd respondent to confirm settlement and composition. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions confirms that there has been a genuine and bona fide settlement of the disputes and composition of the offences committed. The short question is whether this is a fit case where notwithstanding the fact that the offences include non compoundable offences, powers under Section 482 Cr.P.C can or ought to be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] and Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)]. Crl.M.C. No.3961 of 2008 3 5. The dispute is one which is private and personal between the parties. I am satisfied that the continuance of the prosecution would be irrelevant and unnecessary. This, I am satisfied, is an eminently fit case where the dictum in the decisions referred above can profitably be imported and premature termination of the proceedings can be effected. 6. In the result: a) This Crl.M.C is, in these circumstances, allowed; b) Crime No.728 of 2008 in which the petitioners are the accused and the 2nd respondent is the defacto complainant and all further proceedings taken in pursuance of the said crime are hereby quashed. (R.BASANT, JUDGE) rtr/-