IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 4908 of 2008() ------------------------- CRIME NO.290/2005 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S): A1, A2 & A4 --------------- 1. JERALA, S/O. THAMPI, AGED 34 YEARS, TC 71/3922,NEAR CHURCH, VALLIATHURA, VELLAKADAVU, MUTTATHARA WARD, THIRUVANANTHAPURAM. 2. THANKACHAN, S/O. SASIDHARAN NAIR, TC 71/392, KINATTADIVILAKOM VEEDU, CLEMENT ROAD, VALLAKKADAVU, VALLITHURA, THIRUVANANTHAPURAM. 3. ALPHONSE, S/O. THAMPI T.C.71/321, PUTHUVEL PURAYIDOM, VALLAKADAVU, VALLITHURA , THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): DEFACTO COMPLAINANTS & STATE --------------- 1. MAJEELA, E/O. AUGUSTUS, AGED 28 YEARS, TC 71/3708, KV PURAYIDOM, NEAR VALLIATHURA CHURCH, VELLAKADAVU, MUTTATHARA WARD, THIRUVANANTHAPURAM, (CWI) 2. THE STATE OF KERALA, REP. BY ITS, PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 3. XAVIER @ SURESH, S/O.THIONS, AGED 32 YEARS, TC 71/3908, KINATTADIVILAKOM VEEDU, VALLAKADAVU, VALLIATHURA THIRUVANANTHAPURAM. 4. JONA, D/O.REETHA, AGED 54 YEARS, RESIDING AT TC 71/3908, KINATTADIVILAKOM VEEDU, VALLAKADAVU, VALLIATHURA THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.SUMAN CHAKRAVARTHY FOR R1 SRI.SUMAN CHAKRAVARTHY FOR ADDL.R3 & R4 (Addl.R3 & R4 are impleaded as per order dt.28.01.09 in Crl.M.Appl.No.395 of 2009) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4908 of 2008 ------------------------------------- Dated this the 28th day of January, 2009 ORDER The 3 petitioners herein face indictment in a prosecution for offences punishable under Sections 354 and 323 r/w 34 I.P.C. All offences alleged are compoundable. Altogether there were 4 accused persons. The 3rd accused is no more. The petitioners are the surviving accused in that prosecution. 2. There are 3 injured persons. They are arrayed as respondents 1, 3 and 4. The 1st respondent is the wife of the 3rd respondent and the 4th respondent is the mother of the 3rd respondent. 3. The offences alleged are compoundable. Cognizance has already been taken. The matter is pending before the learned Judicial Magistrate of the First Class-II, Trivandrum as C.C.No.549 of 2005. Trial has not commenced. 4. At this juncture, the petitioners along with respondents 1, 3 and 4 have appeared before this Court to confirm that they have settled all their outstanding disputes and the 3 victims, ie. respondents 1, 3 and 4 have compounded all the offences allegedly committed by the petitioners. Though all Crl.M.C. No.4908 of 2008 2 offences are compoundable, this composition/settlement is part of a comprehensive settlement which has led to the quashing of proceedings before the Sessions Court by orders passed earlier today in M.C.No.4909 of 2008. It is because of the pendency of such case that the petitioners have come to this Court along with the petitioners in M.C.No.4909 of 2008 for quashing of the proceedings invoking the jurisdiction under Section 482 Cr.P.C. 5. Respondents 1, 3 and 4 have entered appearance through counsel. It is confirmed that the matter is settled and the offences alleged are compoundable. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that the State has no objection against the proposed composition and consequent quashing of proceedings. I am satisfied that the said request can be accepted. 6. In the result: a) This Crl.M.C is allowed; b) The composition of the offence by respondents 1, 3 and 4 is accepted and C.C.No.549 of 2005 pending before the Judicial Magistrate of the First Class-II, Trivandrum in which the petitioners are the surviving accused and respondents 1, 3 and 4 are the victims, is quashed accepting the composition; Crl.M.C. No.4908 of 2008 3 c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-