IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Crl.MC.No. 2998 of 2008() ------------------------- CC.1176/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONERS: ------------ 1. ANOOP CHANDRAN,AGED 32 YEARS S/O.RAMACHANDRA PANICKER, SANNIDHANAM HOUSE CHERTHALA SOUTH PO, ALAPPUZHA 2. SUBHASH, AGED 26 YEARS S/O.BHASKARAN, PANNICHIRA HOUSE CHERTHALA PO, ALAPPUZHA 3. SATHEESH S/O.KARTHIKEYAN, THENNADIYIL CHERTHALA PO, ALAPPUZHA 4. SABU S/O.SIVADASAN, KAPPOTHU VELI CHERTHALA SOUTH PO, ALAPPUZHA 5. SUBIN S/O.VIJAYAN,KALITHATTUVELI VEEDU CHERTHALA SOUTH PO, ALAPPUZHA BY ADV. SRI.C.V.MANUVILSAN SMT.K.VIDYA RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SI OF POLICE ARTHUNKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHANAN AGED 30 YEARS S/O.RAMANKUNJU, PERAYIL HOUSE, CHERTHALA SOUTH PO, ALAPPUZHA. 3. MADHU, AGED 30 YEARS S/O.PADMANABHAN, KOCHIRA VELIYIL, CHERTHALA SOUTH PO, ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.T.K.SUJITH FOR R2 & 3 SRI.SYAM J SAM FOR R2 & 3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2998 of 2008 ------------------------------------- Dated this the 20th day of August, 2008 ORDER This application has been filed by the petitioners to invoke the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] and quash C.C.No.1176 of 2007 pending before the Judicial Magistrate of the First Class-II, Cherthala against them alleging offences punishable, inter alia, under Section 326 r/w 149 I.P.C. The learned Public Prosecutor submits that the State has also now decided to withdraw the case. Both the victims, ie. respondents 2 and 3, have come before this Court to report that the disputes have been settled between them. 2. I am satisfied from the submissions made by the learned Public Prosecutor that the State has no objection and the Prosecutor has taken the decision to withdraw the case and in view of the stand taken by respondents 2 and 3, who have appeared before me through counsel and have filed a joint statement, that this is an eminently fit case where the powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab can be invoked and the proceedings against the petitioners can be brought to premature termination. Crl.M.C. No.2998 of 2008 2 3. In the result: i) This Crl.M.C is allowed; ii) C.C.No.1176 of 2007 pending before the Judicial Magistrate of the First Class-II, Cherthala is hereby quashed. (R.BASANT, JUDGE) rtr/-