IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3287 of 2008 --------------------------------- (CRIME NO. 209/2008 OF KATOOR POLICE STATION) ................ PETITIONERS/ ACCUSED 2 AND 3: ------------------------------------------------- 1. SANTHOSH, AGED 24, S/O. REGHU, THARAPARAMBIL HOUSE, CHEMMANDA DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK. 2. SHIBU, AGED 26, S/O. KUNJEKKAN, THUMBARTHY HOUSE, CHEMMANDA DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.RAJESH CHAKYAT. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. RAJEEV, AGED 39, S/O. NANDANAN, THAZHEKATTIL HOUSE, CHEMMANDA DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK. 2. THE SUB INSPECTOR OF POLICE, KATTOOR, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. *ADDL.R3. SHAJI @ UNNIKUTTAN, S/O. KUNIJITTY, KURUBADAN HOUSE, KARLAM VILLAGE, CHEMMANDA DESOM, MUKUNDAPURAM TALUK. *ADDL.R3. IS IMPLEADED AS PER ORDER DATED 06/10/2008 IN CRL.M.A.NO.5313/2008. PUBLIC PROSECUTOR SRI. S.U. NAZER FOR R2, ADV. SRI.BIJU .C. ABRAHAM FOR R1. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3287 of 2008 ---------------------------------------- Dated this the 6th day of October 2008 O R D E R This petition is filed by petitioners who are accused 2 and 3 in a crime registered at the Kattoor police station alleging offences punishable inter alia under Section 452 I.P.C. All other offences alleged except the offence under Section 452 I.P.C are compoundable. Investigation is in progress. At this stage, the petitioners have come before this court to apprise this court of the fact that the first respondent who is the only injured/victim in this case has settled the disputes with the petitioners and has now compounded all the offences allegedly committed by the petitioners. Altogether there are three accused persons, it is submitted by the petitioner and confirmed by the learned Public Prosecutor. The first accused was later on arrayed as additional third respondent. The petitioner as well as respondents 1 to 3 now submit before court that the disputes between them have all been settled and that the first respondent/ de facto complainant/victim has compounded all the offences allegedly committed by the accused persons including the offence punishable under Section 452 I.P.C. Though the offence under Section 452 I.P.C is not compoundable, the learned counsel pray that the settlement and the composition may be accepted and Crl.M.C.No.3287/08 2 the proceedings against accused 1 to 3 that is the petitioners and the third respondent herein may be quashed invoking the jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]. 2. The first respondent has now entered appearance through counsel to confirm that the disputes between him and all the three accused persons have been settled and that he has compounded all the offences allegedly committed by the petitioners herein and the third respondent. A joint statement has been filed by the petitioners herein (accused 2 and 3) and the first respondent. Later, an affidavit has also been filed as Annexure IV by the first respondent to confirm that he has settled the disputes with all the accused. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the investigation is not complete. The State has no objection against acceptance of the composition and consequent quashing of proceedings, it is submitted. 4. The offence under Section 452 I.P.C is not compoundable. The learned counsel for the petitioners and respondents 1 and 3, in these circumstances, pray that notwithstanding the fact that the said offence is not compoundable, Crl.M.C.No.3287/08 3 the composition may be accepted as enabled by the dictum in Madan Mohan (Supra). The dispute is one which is purely private and personal between the parties. Composition has been effected. No useful outcome is likely to be achieved if the investigation and trial were to continue. The interests of optimum use of judicial time may be taken into consideration and proceedings may be quashed, it is submitted. 5. I am satisfied from the totality of circumstances available in this case that the parties have willingly and voluntarily settled all the disputes and that this is an eminently fit case where powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan (Supra) can safely be invoked to prematurely terminate the further proceedings in crime No.209/2008 of Kattoor police station registered against the petitioners herein and the third respondent. In the absence of opposition it is not necessary for me to advert to facts in any greater detail. 6. In the result, a) This Crl.M.C is allowed. b) Crime No.209/08 of Kattoor police station registered inter alia under Section 452 I.P.C against the petitioners herein and the third respondent is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3287/08 4 Crl.M.C.No.3287/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008