IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 225 of 2010() ------------------------ SC.486/2009 of ADDL. SESSIONS COURT (FAST TRACT) NO.III, MANJERI CP.37/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR (CRIME NO.52/08 OF KALPAKANCHERY POLICE STATION) .................... PETITIONER(S): ACCUSED ---------------------- 1. ABDUL JALEEL,S/O.ABOOBACKER SIDDIQUE, KANNANTHODI HOUSE, VALAVANNUR, TIRUR, MALAPPURAM DISTRICT. 2. ABOOBACKER SIDDIQUE, KANNANTHODI HOUSE, VALAVANNUR, TIRUR, MALAPPURAM DISTRICT. 3. NABEESA, W/O. ABOOBACKER SIDDIQUE, KANNANTHODI HOUSE, VALAVANNUR, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.P.A.RAJESH SRI.K.RAKESH SMT.VRINDA PAUL RESPONDENT(S): STATE & CWS 1. THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KALPAKANCHERY POLICE STATION-THROUTH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. 2. HAMEED, S/O.MUHAMMED, KOODATH HOUSE, PAKARA, THANALOOR, MALAPPURAM DISTRICT. 3. KOMUKUTTY, S/O.MUHAMMED, KOODATH HOUSE, PAKARA, THANALOOR, MALAPPURAM DISTRICT. 4. IYATHUTTY,W/O.KOMUKUTTY, KOODATH HOUSE, PAKARA, THANALOOR, MALAPPURAM DISTRICT. 5. ABDUL NAZAR, S/O. KOMUKUTTY, KOODATH HOUSE, PAKARA, THANALOOR MALAPPURAM DISTRICT. 6. ARIFA, W/O.ABDUL NAZAR, KOODATH HOSUE, PAKARA, THANALOOR, MALAPPURAM DISTRICT. PUBLIC PROSECUTOR MR P A SALIM FOR R1 SMT.M T SHEEBA FOR R2 TO R6 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.225 of 2010 ------------------------------------- Dated 2nd February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have the entire proceedings in SC No.486/09 pending before the Additional Sessions (Fast Track) Court No.II, Manjeri, as against the third petitioner and the entire proceedings in CP No.37/09 of the JFCM, Tirur as against petitioners 1 and 2, quashed in the interest of justice. 2. The petitioners are the accused in Crime No.52/2008 of the Kalpakanchery Police Station for having committed the offences punishable under Ss.304B, 498A and 306 r/w S.34 IPC. On the basis of the final report filed by the police after investigation, the JFCM, Tirur took cognizance of the offence as CP No.37/09. Finding that the offences are exclusively triable by a Court of Sessions, the case was committed for trial by the Additional Sessions CRMC 225/10 2 (Fast Track) Court No.II, Manjeri and the case was numbered as SC No.486/09. 3. It is unnecessary to go into the details of the case for the simple reason that the parties have settled their difference of opinion and it is pointed out that they have no further grievance in the matter. 4. It may be true that the offences as such are not compoundable. But, it needs to be noticed that it is an inter se dispute between the parties and no public interest as such is involved. In the light of the decisions in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 SC) and Manoj Sharma v. State (2008(4) KLT 417), it is only proper that the further proceedings are given a quietus. No purpose will be served by conducting the trial in view of the settlement arrived at between the parties. In the result, this petition is allowed. All the proceedings in SC No.486/09 pending before the Additional Sessions (Fast Track) Court No.II, Manjeri and CP No.37/09 pending before the JFCM, Tirur arising out of Crime No.52/08 of Kalpakanchery Police CRMC 225/10 3 Station are quashed and all further proceedings in those cases shall stand dropped. P.BHAVADASAN, JUDGE sta CRMC 225/10 4