IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 3864 of 2008() ----------------------------------- S.C. NO.245/08 OF THE ADDL. SESSIONS COURT(ADHOC) FAST TRACK COURTII, MANJERI. ............ PETITIONER(S): ACCUSED NO.1 TO 4 -------------------------- 1. SOUDEEP @ UNNIKUTTAN, S/O.DIVAKARAN, CHOLAKKANDI HOUSE, P.O.MUNDUPARAMBA, MALAPPURAM. 2. ABHILASH, S/O.KRISHNAKUMAR, UMMANATH HOUSE, VALIAVARAMB, DOWNHILL.PO, MALAPPURAM. 3. MOHAMMED NISAR @ KUNHUTTY,S/O.HUSSAIN, KONNOLA HOUSE, KALAMTHATTA, DOWN HILL P.O, MALAPPURAM. 4. ABOOBACKER SIDHIK, S/O.BEERANKUTTY, KOZHINJIPARAMBIL, DOWN HILL.P.O, MALAPPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): -------------------------- 1. MOHAMMED JABIR, S/O.AVARAN KUTTY, KARIMBIL HOUSE, VENGARA AMSOM, VALIYORA. 2. MUHAMMEDALI, S/O.HASSANKUTTI, KARIMBIL HOUSE, VENGARA AMSOM, VALIYORA. 3. ABDU, S/O.HASSAN KUTTI, KARIMBIL HOUSE, VENGARA AMSOM, VALIYORA. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.AJITH KRISHNAN FOR R1 TO 3 BY PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3864 OF 2008 ----------------------------------------------- Dated this the 24th day of October, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sections 452, 324, 427 and 308 read with Section 34 IPC. Altogether there are four accused persons. Final report has already been filed and cognizance was taken. As against accused 1 to 3 the case has been committed to the court of Sessions and the same is pending as SC No. 245/08 before the Additional Sessions Judge(Adhoc) Fast Track-II, Manjeri. As against the 4th accused, who was not available to be committed, his case is pending before the learned Judicial First Class Magistrate Court, Malappuram as CP No.32/08. 2. The crux of the allegations against the accused persons- four in number-is that, they had trespassed into a hotel belonging to respondents 1 to 3 and on account of animosity arising from a prior incident they had attacked respondents 1 to 3 and had caused injuries to them. It is urged that the act amounts to commission of criminal offence and therefore the allegation is raised under Section 308 IPC also. Respondents 1 to 3 have also Crl.M.C. No. 3864 OF 2008 -:2:- appeared before the court through counsel and counsel confirm that there has been harmonious settlement of the dispute between parties. Respondents 1 to 3 have, in these circumstances, settled all the disputes and compounded the offences allegedly committed by the petitioners. Respondents 1 to 3 confirm that they have settled all their outstanding disputes with all the petitioners. 3. Counsel for the rival contestants prays that settlement of the dispute and composition of the offences may be accepted and invoking 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] and Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)], the prosecution against all the petitioners may be brought to premature termination. 4. Notice was given to the learned Prosecutor. The learned Prosecutor does not oppose the prayer. It is evident that the dispute was one between the petitioners on the one hand and respondents 1 to 3 on the other about some previous incident relating to the business of the hotel. The dispute is one which is private and personal between parties and I am satisfied in these Crl.M.C. No. 3864 OF 2008 -:3:- circumstances that this is an eminently fit case where the dictum in Madan Mohan Abbot and Nikhil Merchant (supra) can safely be pressed into service. In the absence of opposition from the learned Prosecutor, it is not necessary to consider the matter in detail. 5. In the result: a) This Crl.M.C in these circumstances is allowed. b) SC No.245/08 against the petitioners 1 to 3 pending before the Additional Sessions Judge(Adhoc) Fast Track-II, Manjeri and CP No. 32/08 pending before the JFCM, Malappuram against the 4th petitioner are hereby quashed. c) Needless to say, the proceedings, if any pending against the petitioners and sureties shall be disposed of by the respective court in accordance with law. 6. Hand over copy of this order to the learned counsel for the petitioners. R. BASANT, JUDGE ttb Crl.M.C. No. 3864 OF 2008 -:4:- Crl.M.C. No. 3864 OF 2008 -:5:- Crl.M.C. No. 3864 OF 2008 -:6:-