IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.MC.No. 4283 of 2008() ------------------------- CC.1207/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR CRIME NO.315/2006 OF NEDUPUZHA POLICE STATION .................... PETITIONER(S): ACCUSED 1 & 2 ---------------------- 1. SHRI.VIBEESH, AGED 30, S/O.VELU, KAKKANADAN HOUSE, VADOOKARA, VIA KOORKENCHERI, THRISSUR DIST. 2. SHRI.JEEVAN, AGED 21, S/O.FALGUNANA, PULIKKATHARA HOUSE, VADOOKARA, VIA-KOORKENCHERI, THRISSUR DIST. (NOW EMPLOYED IN GULF). BY ADV. SRI.M.H.HANIL KUMAR SRI.U.BALAGANGADHARAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SMT.RADHA, AGED 56, W/O.SUKUMARAN, PANARI HOUSE, VADOOKARA, VIA KOORKENCHERI, THRISSUR DIST. 2. SMT.MEENAKSHI AMMA, AGED 70, W/O.NARAYANAN, PANIKATTIL HOUSE, VADOOKARA DESOM, VIA KOORKENCHERI, THRISSUR DIST. 3. SMT.ASWATHY VIKAS, AGED 24, W/O.VIKAS, PANARI HOUSE, VADOOKARA, VIA KOORKENCHERI, THRISSUR DIST. 4. SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THRISSUR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 5. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.U.BALAGANGADHARAN FOR R1 TO R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4283 of 2008 ------------------------------------- Dated this the 24th day of November, 2008 ORDER Petitioners are accused 1 and 2 and they face indictment in a prosecution for offences punishable, inter alia, under Section 294 (b) and 506(ii) read with 34 I.P.C. All other offences are legally compoundable. Investigation is complete. Final report has already been filed. Altogether there are three victims in the crime. They are respondents 1 to 3. Cognizance has been taken on the basis of a final report filed by the police after due investigation. 2. The petitioners along with respondents 1 to 3 have now come before this Court to apprise this Court of the fact that the parties have settled their disputes and respondents 1 to 3 have compounded the offences allegedly committed by the petitioners. Though some of the offences alleged are not compoundable under Section 320 Cr.P.C, the parties have willingly and voluntarily settled their disputes. The extraordinary inherent jurisdiction under Section 482 Cr.P.C may be invoked to bring to premature termination the Crl.M.C. No.4283 of 2008 2 prosecution against the petitioners. It is prayed that the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] may be invoked to terminate the unnecessary and irrelevant continuance of the prosecution against the petitioners. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions submits that the State is convinced that the matter has been settled. The dispute is one which is private and personal between the parties. The State has no objection against quashing of proceedings against the petitioners and accepting composition. 4. I have considered all the relevant inputs. Respondents 1to 3 have entered appearance through counsel. They have filed affidavit to confirm such settlement/composition. I am satisfied that the dispute is private and personal between the parties. I take note of the stand taken by the State. I take note of the nature of the alleged offence. Having considered all the relevant circumstances, I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Crl.M.C. No.4283 of 2008 3 Mohan Abbot v. State of Punjab, Nikhil Merchant v. C.B.I and Manoj Sharma v. State (supra) can safely be invoked to bring to premature termination the prosecution against the petitioners. 5. In the result: i) This Crl.M.C is allowed; ii) C.C.No.1207 of 2006 pending before the Judicial Magistrate of the First Class-II, Thrissur wherein the petitioners are the accused and respondents 1 to 3 are the victims/complainants, is hereby quashed; iii) Needless to say, proceedings, if any, under Section 446 Cr.P.C pending against the petitioners and their sureties shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-