IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Crl.MC.No. 2099 of 2009() ----------------------------------- CC.1118/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KARUNAGAPPALLY .................... PETITIONERS/ACCUSED NOS 1 TO 4 ----------------------------------------------------- 1. YOONUS KUNJU, S/O.ALI KUNJU, KIZHAKKATHIL HOUSE, KALLERIBHAGOM, VENGARA MURI. 2. RAHIM, S/O.ABDUL KHAREEM, VILAYIL VADAKATHIL HOUSE, THODIYUR VILLAGE, VENGARA MURI. 3. JAMALUDHEEN, S/O.ALI KUNJU, KUTTIYIL THEKKATHIL HOUSE, THODIYUR VILLAGE, VENGARA MURI. 4. KOYAKUTTY @ KOYAKUNJU, S/O.ALI KUNJU, EMBATHAZHI THEKKATHIL HOUSE, THODIYUR VILLAGE, VENGARA MURI. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): ------------------------- 1. NASAR, S/O.JAMALUDHEEN KUNJU, KULANGARASSERY KIZHAKKATHIL, THODIYUR VILLAGE, KARUNAGAPPALLY. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 BY ADV. MR.SAKIR.K.H. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2099 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.1118/2008 on the file of Judicial First Class Magistrate's Court, Karunagappally. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners contending that there was a settlement of all the disputes with the first respondent/defacto complainant and therefore, in the interest of justice, the case is to be quashed.On Annexure-A1 complaint learned Magistrate took cognizance of the offences under Sections 341, 323, 324 and 294(b) read with Section 34 of Indian Penal Code. 2. Prosecution case is that on 11.7.2008 at about 11.30 p.m., petitioners, in furtherance of their common intention to cause hurt to first respondent, beat him with iron rods and thereby committed the offences. Along with the petition, a CRMC 2099/09 2 joint petition is filed by the petitioners and first respondent stating that they have amicably settled all the disputes and they have compounded the offences. But, an offence under Section 294(b) is not compoundable and therefore, it is not permissible to compound the offence under Section 320 of Code of Criminal Procedure. It is for that reason, this petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners, in view of the decision of the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19(SC)) and in Manoj Sharma v. State (2008 (4) KLT 417(SC)). 3. Learned counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard. 4. As is clear from the joint statement filed by the petitioners and first respondent, there is an amicable settlement of all the disputes between the petitioners and first respondent. Annexure-A1 CRMC 2099/09 3 final report establishes that the offences alleged against the petitioners are purely of personal nature. In such circumstances, when the disputes are settled between the parties and when there is no chance of a successful conviction of the petitioners, even if they are tried and it would result only in unnecessary waste of valuable time of the court, the case is to be quashed. In such circumstances, petition is allowed. C.C.No.1118/2008 on the file of Judicial First Class Magistrate's Court, Karunagappally as against the petitioners is quashed. 16th July, 2009 (M.Sasidharan Nambiar, Judge) tkv