IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Crl.MC.No. 3569 of 2009 ---------------------------------- (S.C. NO. 1452/2006 OF THE ADDITIONAL SESSIONS (ADHOC) FAST TRACK COURT -III, KOLLAM, CR.NO.41/2005 OF PALLITHOTTAM POLICE STATION) .............. PETITIONERS/ ACCUSED NO. 1 & 2: ---------------------------------------------------- 1. NAZRUDEEN, AGED 28 YEARS, S/O. ABDUL REHMAN, HOUSE NO. 73, SOUHRDA NAGAR, MUSLIM COLONY, BEACH NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM. 2. JAHAMGHEER, AGED 27 YEARS, S/O. ABDUL REHMAN, THONDALARIKAM PURAIDAM, JOHAKAPPURAM CHERRY, KOLLAM WEST VILLAGE KOLLAM. BY ADVS. MR. K.SHAJ, MR.SAJJU.S. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NAJEEB, AGED 29 YEARS, S/O. ABUSALI, HOUSE NO.22, JRA. NAGAR THONDALIL PURAYIDAM, JONAKAPPURAM, BEACH NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM. 3. AKBARSHAH, AGED 28 YEARS, S/O. AMANULLA, HOUSE NO. 65, JRA NAGAR MARAKKARAZHIKAMPURAYIDAM, BEACH NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM. R1 BY PUBLIC PROSECUTOR MR. K.J.MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3569 OF 2009 ------------------------------------------ Dated 6th November 2009 O R D E R Petitioners are accused 1 and 2 in S.C.1452/2006 on the file of Additional Sessions court (Adhoc) Fast Track-III, Kollam and respondents 2 and 3 are the injured and the de facto complainants. Learned Sessions Judge has taken cognizance for the offence under Section 324, 307, 506((ii) read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 2 and 3 are settled amicably and as the offences are purely personal in nature, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and also filed Annexures-A2 and A3 affidavits. Learned counsel appearing for the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 3. Argument of the learned counsel Crmc 3569/09 2 appearing for the petitioners is that in view of the decision of the Apex court in B.S.Joshi and others v. State of Haryana and another (2003(4) SCC 675) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when there is an amicable settlement of the disputes and the offences are purely personal in nature as against respondents 2 and 3 and they have agreed for quashing the proceedings it is not in the interest of justice to continue the case. 4. As held by the Apex court in Manoj Sharma v. State (2008 (4) KLT 417 (SC)) all non compoundable offences cannot be quashed, invoking the extra ordinary powers under Section 482 of Code of Criminal Procedure. An offence under Section 307 of Indian Penal Code is one such case which cannot be quashed by accepting settlement between the parties. Hence the case cannot be quashed as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3569/09 3