IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4031 of 2008() ----------------------------------- CRIME NO.220 OF 2006 OF PALLICKAL POLICE STATION .......................... PETITIONERS: --------------------- 1. REHMAN, S/O.ANZAR, AGED 21 YEARS RESIDING AT PALAVILA VEEDU, PALLICKAL, THIRUVANANTHAPURAM. 2. SAJEEV, S/O.T.M.SALI THAITHALA VEEDU,PALLICKAL, THIRUVANANTHAPURAM. 3. ANZAR, S/O.ABDUL VAHID, AGED 23 YEARS SHAJI MANZIL, PALLICKAL, THIRUVANANTHAPURAM. 4. REX, S/O.ABDUL REHIM, VELAKKADA VEEDU, PALLICKAL, THIRUVANANTHAPURAM. 5. RAJA, S/O.ABDUL REHMAN KUNJU KIZHAKKEPULIMOOTTIL VEEDU, PALLICKAL, THIRUVANANTHAPURAM. 6. RIYAZ, S/O.SHAMSUDHEEN, MELEVILA VEEDU, PALLICKAL, THIRUVANANTHAPURAM. 7. FAYAZ, S/O.ISMAIL, ARAFAT MANZIL, PALLICKAL, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENTS: ----------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.220 OF 2006 OF PALLICKAL POLICE STATION) 2. BEEVA SIRAJ, D/O.NASEEMA BEEVI, AGED 36 YEARS, RESIDING AT BEENALAYAM, NJARAYIL KONAM DESOM MADAVOOR VILLAGE, THIRUVANANTHAPURAM CRL.M.C.4031/2008 * ADDL. R3 IMPLEADED ADDL. R3: SHRI.NAZIMUDHEEN, S/O.ABDUL AZEEZ, AGED 55 YEARS, RESIDING AT K.K.MANZIL, NJARAYILKONAM, MADAVOOR, PALLICKAL, TRIVANDRUM DISTRICT. * ADDL. R3 IS IMPLEADED AS PER ORDER DATED14/11/2008 IN CRL.M.A.6376/2008. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SRI.VINOD KUMAR.C FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4031 of 2008 ------------------------------------------------- Dated this the 14th day of November, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Secs.341, 354 and 324 read with Sec.149 IPC. All those substantive offences are compoundable. They face allegations under Sec.143 and 147 IPC also. Those offences are not compoundable. Altogether there are 7 petitioners. They are the only accused in the crime. There are two victims in the crime i.e., C.Ws.1 and 2. C.W.1 is arrayed as the 2nd respondent herein. C.W.2 is no more. Her legal representative – her husband, has now been arrayed as the additional 3rd respondent. 2. The learned counsel for the petitioners prays, the learned counsel for respondents 2 and 3 accepts the said request and the learned Public Prosecutor concedes that the Crl.M.C. No. 4031 of 2008 -: 2 :- prosecution against the petitioners can now be quashed invoking the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and Manoj Sharma v. State (2008 (4) KLT 417) inasmuch as respondents 2 and 3 have compounded the offences and the parties have settled all their outstanding disputes. 3. I am satisfied that this is an eminently fit case where the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in the three decisions referred above can profitably be invoked to bring to premature termination the prosecution against the petitioners. It is submitted that the investigation has already completed and final report has been filed. Cognizance has been taken as C.C.No.712/07 pending before the learned Judicial Magistrate of the First Class-II, Attingal. 4. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.712/07 pending before the learned Judicial Magistrate of the First Class-II, Attingal, against the petitioners herein is hereby quashed. (c) Needless to say, the proceedings, if any, pending Crl.M.C. No. 4031 of 2008 -: 3 :- against the petitioners and the sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge