IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4478 of 2008() ------------------------- AGAINST THE ORDER IN LP 3/2006 IN SC.396/1999 of I ADDL. SESSIONS COURT, KOLLAM .................... PETITIONER(S): ACCUSED NO.3 --------------------------- SAJEEV, S/O. CHANDRASEKHARAN, MUKALUVILA KIZHAKKATHIL VEEDU, NEAR VENDAR COLONY, EDAKKODIM MURI, KAREEPRA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PUSHPA, D/O. LATE OMANA, HOUSE NO.5, EDAKKIDOM VEDAR COLONY, EDAKKIDOM MURI, EZHUKONE VILLAGE, KOLLAM. ADV. SRI.P.V.DILEEP FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4478 of 2008 ---------------------------------------- Dated this the 27th day of November 2008 O R D E R The petitioner faces indictment as third accused in a prosecution for offences punishable inter alia under Section 3(i) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. All other offences are compoundable; but the offence under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not compoundable. Final report has already been filed. Cognizance has been taken. Altogether there were four accused persons. All the other co-accused have by now been acquitted. The case against the petitioner has been split up and refiled as the petitioner was not available. The case has been transferred to the list of long pending cases. 2. The petitioner/accused and the second respondent/ de facto complainant have now come before this court to report that all outstanding disputes have been settled and that the second respondent does not now want to further prosecute the petitioner. She has compounded all offences allegedly Crl.M.C.No.4478/08 2 committed by the petitioner herein. In these circumstances, it is prayed that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioner which has now become unnecessary and irrelevant. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor accepts that the composition can be accepted and the proceedings can be brought to premature termination. The learned Public Prosecutor submits that the dispute is one which is personal and private between the parties and no issues of public interest or public justice are really involved. I take note of all the relevant circumstances. I am of the opinion 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 Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] can safely be invoked to bring to premature termination the surviving prosecution against the petitioner herein. Crl.M.C.No.4478/08 3 4. In the result, a) This Crl.M.C is allowed. b) LP.No.3/06 pending before the learned Sessions Court, Kollam in which the petitioner is the sole surviving accused and the second respondent is the de facto complainant is hereby quashed. The learned Sessions Judge shall make necessary entries in the registers. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4478/08 4 Crl.M.C.No.4478/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008