IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Crl.MC.No. 69 of 2010() --------------------------------- (AGAINST CC NO.341/2009 OF JFCM COURT, N.PARAVUR) PETITIONER(S): ACCUSED NOS.1-4: ------------------------------------------------------ 1. JAMES, S/O.VARGHESE, AGED 25 YEARS, KATTUPARAMBIL VEEDU, ALLAMTHURUTH KARA, VADAKKEKARA, ERNAKULAM. 2. PAUL, S/O.JOY, AGED 40 YEARS, MADAVANAKADU VEETTIL, ALLAMTHURUTH KARA, VADAKKEKARA, ERNAKULAM DIST. 3. ANTONY, S/O.JOY, AGED 34 YEARS, DO. 4. GIJU, S/O.VARGHESE, AGED 21 YEARS, KATTUPARAMBIL, ALLAMTHURUTHU KARA, VADAKKEKARA, ERNAKULAM DIST. 5. BENNY, S/O.JOSE, AGED 22 YEARS, MADAVANAKATU VEETTIL, VADAKKEKARA, ERNAKULAM DIST. BY ADV. MR.MANSOOR.B.H. RESPONDENT(S): STATE/DEFACTO COMPLAINANT & INJURED: ----------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER, VADAKKEKARA POLICE STATION, ERNAKULAM DIST. 2. RATHEESH KUMAR, S/O.DASAN, AGED 25 YEARS, MAKKAPARAMBIL, ALLAMTHURUTHU, VADAKKEKARA, ERNAKULAM DIST. 3. ANIL KUMAR, S/O.DASAN, AGED 27 YEARS, DO. 4. MEERA, W/O.DASAN, AGED 46 YEARS, DO. DO. 5. NIMMY, W/O.RATHEESH, AGED 21 YEARS, DO. DO. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 TO R5 BY ADV. SMT. SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 69 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have all further proceedings in C.C.341 of 2009 on the file of Judicial Magistrate of the First Class, North Paravur quashed and all further proceedings dropped. 2. Petitioners are accused in C.C. 341 of 2009 pending before the JFCM, North Paravur. They are alleged to have committed offences punishable under Sections 143, 147, 148, 427, 452, 324, 326 and 323 read with Section 149 of Indian Penal Code. C.C.341 of 2009 arose from Crime No.718 of 2008 of Vadakkekara Police Station. 3. The incident is said to have taken place on 10.11.2008 at about 9 p.m. The accused persons are said to have attacked the injured and caused injuries to Crl.M.C.69/2010. 2 them. After investigation final report was laid and cognizance was taken by the court concerned. 4. Petitioners have produced an affidavit, which shows that they have settled the matter with the defacto complainant. Counsel appearing for the defacto complainant conceded that no further grievance remains as far as he is concerned and no dispute survives. 5. True, offences punishable under Sections 143, 148, 326 and 149 are not compoundable at all. But, since the parties have settled the matter, there will be no point in continuing the proceedings, as it will be only a waste of time. In the light of the principle laid down by the decisions reported in Madan Mohan Abbot v. State of Punjab [2008(3) KLT 19(SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)], being an inter se dispute between the parties and since they have settled their disputes, and have purchased peace, it is unnecessary to continue the proceedings. Crl.M.C.69/2010. 3 In the result, this petition is allowed all further proceedings in C.C. 341 of 2009 pending on the file of JFCM, North Paravur stand quashed and all further proceedings stand dropped. P. BHAVADASAN, JUDGE sb.