IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Crl.MC.No. 54 of 2009() --------------------------------- CC.311/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM .................... PETITIONER(S): ACCUSED ------------------------ 1. P.HARIDASAN ,S/O.JANAKI AMMA 'MAHIMA' PORAKKADAN KANDIPARAMBU, P.O.NELLIKODE. 2. VARUNDAS, S/O.P.HARIDASAN, 'MAHIMA' PORAKKADAN KANDIPARAMBU, P.O.NELLIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): & COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE MEDICAL COLLEGE OF POLICE STATION, KOZHIKODE. 2. P.SHOBHANA, W/O.ACHUTHAN KUTTY 'DWARAKA MANDIR, PORAKKADAN KANDIPARAMBU P.O.NELLIKODE. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. * ADDL.R4 IS IMPLEADED. 4. M.T.ACHUTHAN KUTTY, S/O. SANKARAN NAIR, PURAKKADANKANDY PARAMB, 'DWARAKA' NELLIKODE AMSOM, DESOM, KOZHIKODE TALUK. *ADDL. R4 IS IMPLEADED AS PER ORDER DT. 21.01.2009 IN CRL.MA. 420/09. ADV. SRI.SAKIR.K.H. FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.54 of 2009 ---------------------------------------- Dated this the 21st day of January 2009 O R D E R Petitioners face indictment as the accused in a prosecution for offences punishable under Sections 447,452,341,427,506(ii) and 294B read with 34 I.P.C. All other offences except the one under Section 452, 506(ii) and 294b I.P.C are compoundable offences. The alleged incident relates to a dispute regarding property between the rival contestants. Petitioners 1 and 2 are the accused and respondents 2 and 4 are the alleged victims. Investigation is complete. Final report has already been filed. Cognizance has been taken. Calender case has been registered. Trial has not commenced. 2. At this juncture, the petitioners and respondents 2 and 4 have come before this court through their counsel to apprise this court of the fact that all outstanding disputes between them have been settled harmoniously and respondents 2 and 4 have compounded all the offences alleged against the petitioners. Affidavits have been filed by respondents 2 to 4 to confirm such settlement/composition. Learned counsel for Crl.M.C.No. 54/09 2 respondents 2 and 4 does also confirm such settlement/composition. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the prayer for composition. It is conceded that the disputes are purely personal and private between the contestants and no issues of public justice or public interest are involved. 4. The learned counsel for the petitioners and respondents 2 and 4 pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where 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], Nikhil Merchant v. Central Bureau of Investigation [2008 (3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. Crl.M.C.No. 54/09 3 5. In the result, a) This Crl.M.C is allowed. b) C.C No.311/08 pending before the learned J.F.C.M, Kunnamangalam in which petitioners 1 and 2 are the accused and respondents 2 and 4 are the alleged victims is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No. 54/09 4 Crl.M.C.No. 54/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008