IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 Crl.MC.No. 2425 of 2008() ------------------------- SC.166/2008 of ADDITIONAL SESSIONS COURT (FAST TRACK COURT NO.1) MANJERI .................... PETITIONER: ACCUSED ------------ SHIHABUDHEEN, S/O HANEEFA, OTTAKALLAN HOUSE, CHEMMANIYODE, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE & DEFACTO COMPLAINANT ------------- 1. THE STATE OF KERALA, REPRESENTE BY THE SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. ABDUL RASHEED, S/O MAMMED HAJI, AYILAKKARA HOUSE, CHEMMANIYODE, MELATTOOR, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.AMJAD ALI ADV. SRI.M.P.MADHAVANKUTTY FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2425 of 2008 ------------------------------------- Dated this the 8th day of July, 2008 ORDER Petitioner along with co-accused faced indictment for offences punishable, inter alia, under Sections 307 and 324 r/w 149 I.P.C. Altogether there are 5 accused persons. All the other co-accused persons were available for trial. But the petitioner, the 3rd accused was not available for trial. All the co-accused were found not guilty and acquitted by Annexure-C judgment by the learned Additional Sessions Judge, Manjeri. The case against the petitioner was split up and the same is now pending as S.C.No.166 of 2008 before the Additional Sessions Court (Fast Track Court No.I), Manjeri. 2. The petitioner and the injured/defacto complainant - there is only one injured, have now come before this Court with this petition. It is submitted that the disputes between the petitioner and the said victim/defacto complainant, ie. the 2nd respondent herein have been settled harmoniously. They do not want the proceedings to further continue. In the light of the decision in [Moosa v. Sub Inspector of Police [2006(1) KLT Crl.M.C. No.2425 of 2008 2 552], the petitioner may not be entitled to get the proceedings against him quashed. But it is prayed that the powers under Section 482 Cr.P.C may be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287]. 3. The 2nd respondent has entered appearance. An affidavit has been filed which is duly signed by the 2nd respondent and attested by a Notary Public to confirm that the matter has been settled and the 2nd respondent has no objection against the quashing of the proceedings. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms that the State also has no objection against this Court invoking the powers under Section 482 Cr.P.C as enabled by the decision in Madan Mohan Abbot v. State of Punjab. I am satisfied that the disputes having been settled between the parties, the co-accused having already been acquitted and the nature of the disputes being one which is private and personal between the parties, the powers under Section 482 Cr.P.C can be invoked to bring to termination all further proceedings in S.C.No.166 of 2008 against the petitioner herein. Crl.M.C. No.2425 of 2008 3 5. In the result: i) This Crl.M.C is allowed: ii) S.C.No.166 of 2008 against the petitioner pending before the Additional Sessions Court (Fast Track Court No.I), Manjeri is hereby quashed. (R.BASANT, JUDGE) rtr/-