IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.MC.No. 3115 of 2006() ------------------------- C.C.NO.609/05 OF J.F.C.M.-I, TIRUR. PETITIONER: 3RD ACCUSED ------------------------------ CHANGAMPILLY ABU YUSUF GURUKKAL, S/O.ALIKKUTTY GURUKKAL, KATTIPPARUTHY, VALANCHERRY. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENTS: COMPLAINANT AND STATE ----------------------------------------------- 1. MALIYEKKAL FIROZ, S/O.AVARAN, AGED 73 YEARS, VALANCHERRY AMSOM, KARTHALA DESOM, THOZHUVANNOOR P.O. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.5370/06 IN CRL.M.C.NO.3115/06 //DISMISSED// 13.3.09 SD/-M.C.HARI RANI, JUDGE. TRUE COPY P.A.TO JUDGE M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.3115 OF 2006 ----------------------------------------------------- DATED THIS THE 13th DAY OF MARCH, 2009 O R D E R It is submitted by the learned counsel appearing for the petitioner, who is the 3rd accused in C.C.No.609/05 and the first respondent, who is the complainant therein, that the matter has been settled between the parties and this petition can be allowed, in the light of the dictum laid down by the Hon'ble Supreme Court in Nikhil Merchant v. Central Bureau of Investigation (2008(3) KLT 769 ( SC ) ) , wherein it is held that 'technicalities should not be allowed to stand in the way of Court's power to quash criminal proceedings involving non-compoundable offences, where the dispute is compromised between rival parties - Proceedings can be quashed under Section 482 on the basis of compromise”. In the result, the submission made by both counsel is recorded and the Crl.M.C. is allowed. All further proceedings in C.C.No.609/05 on the file of the Court of J.F.C.M.-I, Tirur in pursuance of Annexure- A1 compliant as against the petitioner is quashed. M.C.HARI RANI, JUDGE. dsn