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. 4995 of 2008() ------------------------- CRIME NO.298/2008 OF SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION NOW BEING INVESTIGATED INTO BY THE DY.S.P, CBCID, ALLEPPEY PETITIONER(S): ACCUSED --------------- MOHAMMED SHERIF @ KAJA, S/O.KAMARUDHEEN RAWTHER, KAJA BHAVANAM, KOTTAKKATTUSSERI, PARAYAMKULAM, THAMARAKKULAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. SADIQUE, S/O.MUHAMMED RAWTER, AGED 48 YEARS, `SHAHINA MANZIL', KOTTAKKATTUSSERI, PARAYAMKULAM, THAMARAKKULAM VILLAGE, MAVELIKKARA TALUK. 2. SHAHINA.S, D/O.SADIQUE, `SHAHINA MANZIL', KOTTAKKATTUSSERI, PARAYAMKULAM, THAMARAKKULAM VILLAGE, MAVELIKKARA TALUK. 3. THE SUB INSPECTOR OF POLICE, NOORANAD. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, ALAPPUZHA. ADDL. 5. SHAFEEQUE, S/O.WAHAB, PUTHENVEETTIL HOUSE, NOORANADU, MAVELIKKARA. (Addl.R5 is impleaded as per order dated 09.01.09 in Crl.M.Appl.No.165/09) ADV. SRI.SAKIR.K.H. FOR R1 & R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB 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.4995 of 2008 ------------------------------------- Dated this the 28th day of January, 2009 ORDER Petitioner and the 5th accused are arrayed as accused in a crime registered at the Nooranad Police Station alleging the offences punishable under Section 366 I.P.C. Investigation is now being conducted by the C.B.C.I.D, Alappuzha, it is submitted. Investigation is not complete. Final report has not been filed. The crux of the allegations is that the petitioner and the additional 5th respondent in furtherance of their common intention had kidnapped the 2nd respondent, the minor daughter of the 1st respondent with contumacious and culpable offences. The 1st respondent is the father and guardian of the 2nd respondent. She had not attained majority on the relevant date. Investigation is in progress. In the meantime it is reported that the parties have settled all their outstanding disputes. The 2nd respondent with the consent and blessing of the 1st respondent has already entered legal matrimony with the petitioner herein. All the outstanding disputes have been settled. Respondents 1 and 2 have compounded the offences allegedly committed by the Crl.M.C. No.4995 of 2008 2 petitioner and the additional 5th respondent against them. In these circumstances, the petitioner and respondents 1 and 2 pray that the settlement/composition may be accepted and all further proceedings in Crime No.298 of 2008 of Nooranad Police Station which is now being investigated by the C.B.C.I.D, Alappuzha after re-registration may be quashed. A joint statement has been filed by the petitioner herein along with respondents 1 and 2 to confirm such settlement/composition. The joint statement has been duly counter signed by the learned counsel for petitioners and respondents 1 and 2. 2. The offences alleged include non compoundable offences. But the learned counsel for the petitioner and respondents 1 and 2 pray; the learned Public Prosecutor does not oppose the said prayer and 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 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)] can safely be invoked to bring to premature termination all further proceedings against the petitioner and the 5th respondent in Crime No.298 of 2008. Crl.M.C. No.4995 of 2008 3 3. In the result: a) This Crl.M.C is allowed; b) Crime No.298 of 2008 registered at the Nooranad Police Station at the instance of the 1st respondent which is now being investigated by the Deputy Superintendent of Police, C.B.C.I.D, Alappuzha is hereby quashed. (R.BASANT, JUDGE) rtr/-