IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 312 of 2010(B) ------------------------------------ [CC.NO.273/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE] .................... PETITIONERS/PETITIONERS: ------------------------------------------ 1. SUDHAS.V, AGED 23, S/O. JAYADAS, CHALILPARAMBIL HOUSE, MALAPPARAMBA.P.O., KOZHIKODE. 2. LIBIN, AGED 22, S/O. KANDANKUTTY, PUNKUNDARI MEETHAL, CHEROOPPA.P.O., KOZHIKODE DISTRICT. 3. UMMER FAROOK, AGED 21, S/O. SULAIMAN, KANDIYIL THAZHAM HOUSE, GURUVAYOORAPPAN COLLEGE.P.O., KOZHIKODE. 4. VYSHAKH, AGED 23, S/O. ANILKUMAR., EDANHODATH HOUSE, KANAKALAYA BANK, WEST HILL.P.O., KOZHIKODE. 5. RENOYAR, AGED 21, S/O. VIJAYARAGHAVAN, `VAIGA', PUNATHIL HOUSE, PALAT NAGAR, THIRUVANNUR, KOZHIKODE. BY ADVS. MR.S.K.SAJU, MR.A.RANJITH NARAYANAN, SMT.A.SIMI, SMT.VIDYA V.DEVAN. CRL.M.C. NO.312/2010-B: RESPONDENTS/DEFACTO COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREENATH, AGE 22, S/O. VISWANATHAN, `GEETHALAYAM', KATTUR ROAD, MANKAVU.P.O., KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR. NAZAR.S.U, R2 BY ADV. SMT.M.LISHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. --------------------------------- Crl.M.C.No.312 OF 2010 ---------------------------------- Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ In this proceedings under Section 482 of the Code of Criminal Procedure, the petitioner seeks to have all further proceedings in Crime No.98/2009 of Kasaba Police Station quashed. 2. The petitioners are the accused Nos. 1 to 5 in Crime No.98/2009 of Kasaba Police Station for having committed the offences punishable under Sections 143, 147, 148, 341, 323and 324 read with Section 149 of the Indian Penal Code. The incident occurred between two groups of students in a college. 3. It is unnecessary to go into the details of the case in the light of the manner in which this petition is proposed to be disposed of. 4. The injured in this case, the 2nd respondent herein, seems to have settled the dispute between him and the petitioners, who are the accused. It is stated in the statement that the injured has no further grievance in this regard. Crl.M.C.No.312/2010 2 5. True, the offences under Sections 143, 147 and 148 read with Section 149 of the Indian Penal Code are non- compoundable. But, the other Sections, namely, Sections 341, 323 and 324 are compoundable offences. In the statement given by the defacto complainant, he has stated that he has no complaint against the petitioners. It will be a futile exercise to direct the petitioner to face the ordeal of a trial. 6. In the light of the decisions in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 SC) and Manoj Sharma v. State (2008(4) KLT 417), it is only proper that the proceedings are given a quietus. In the result, this petition is allowed and the proceedings in C.C.No.273/2009, pending before the Chief Judicial Magistrate Court, Kozhikode shall stand quashed and all further proceedings as against the petitioners shall stand dropped. (P.BHAVADASAN, JUDGE) ps