IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Crl.MC.No. 1012 of 2009() ------------------------- PETITIONERS: --------------- 1. MURALI,S/O.KUTTAPPAN, AGED 35 YEARS,KADAYTH HOUSE, VEMBILLY KARA,KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT. 2. RAJESH,S/O.RAGHUVARAN, AGED 37 YEARS,BLAYITHARAYIL HOUSE, AROOR KARA,NADAMA VILLAGE, ERNAKULAM DISTRICT. 3. THAMPI,S/O.UNNI, AGED 37 YEARS,KUNNATHUPARAMBIL HOUSE, AROOR KARA,NADAMA VILLAGE, ERNAKULAM DISTRICT. BY MR.PAUL K.VARGHESE,ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, ERNAKULAM DISTRICT. 2. KUTTAPAN,S/O.VELAYUDAN, AGED 73 YEARS,KADAYATH HOUSE, VEMBILLY KARA,KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT. 3. BHAVANI,W/O.KUTTAPAN, AGED 69 YEARS,KADAYATH HOUSE, VEMBILLY KARA,KUNNATHUNADU VILLAGE, ERNAKULAM DISTRICT. BY MR.BIBIN KUMAR,ADVOCATE FOR R2 & R3 PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2009,ALONG WITH CRL.M.C.No.1002/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- CRL.M.C.NO.1002 & 1012 OF 2009 () ----------------------------------- Dated this the 16th day of March, 2009 O R D E R Crl.M.C.No.1002/2009 is a petition filed to quash all further proceedings in C.C.No.254/2007 of the JFCM, Kolencherry. The petitioner in this case is accused of having committed offences under Sections 447, 294(b), 506 (1) and 427 of the Indian Penal Code. Crl.M.C.No.1012/2009 is also another case where the petitioners are accused of having committed the offences under Sections 341, 323, 294(b) read with Section 34 of the IPC. 2. The allegations are to the effect that dissatisfied with the demand of return of the amount and property being given to the daughter, there was a trespass into the house and respondents 2 and 3 herein were assaulted and abused and hence these cases. Now the disputes have been amicably CRL.M.C.1002 & 1012/09 2 settled between the father, mother, son and others. It is true that there are offences which are non-compoundable in nature. The learned counsel for the petitioners submitted that in the light of the decisions reported in Madan Mohan Abbot v. State of Punjab ((2008) 4 SCC 582) and Nikhil Merchant v. Central Bureau of Investigation (2008 (3) KLT 769 (SC)), technicalities shall not be allowed to stand in the way of Court's power to quash the criminal proceedings involving non-compoundable offences where the dispute is compromised between the rival parties. So also in B.S.Joshi v. State of Haryana (2003 (2) KLT 1062 (SC)), the Apex Court took the view that the court must be liberal in making settlement of matrimonial disputes. Here both the cases are on account of a family dispute between the parents and the son. Now it is submitted before me by the parents that they have sorted out the differences with the son and they are in a calm and peaceful atmosphere, and therefore, they do not want to further prosecute the case against the son. The father is aged about 73 years and the mother is aged about 69 years. So, their feelings that they should not further proceed the CRL.M.C.1002 & 1012/09 3 case with the son appears to be only reasonable for the reason that towards the fag end of their life, they want a happy and beloved family atmosphere and the matter being prosecuted will only leads to disastrous consequences. So, taking the dictum laid down by the Apex Court in almost all cases, I feel that this is a fit case where though non-compoundable, the inherent powers of the High Court can be used to quash the proceedings. Therefore, both the Criminal M.C.'s are allowed and the proceedings in C.C.No.277/2007 of the JFCM, Kolencherry and C.C.No.254/2007 of the same court are quashed. M.N.KRISHNAN JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008