IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3947 of 2008() ------------------------- AGAINST CRIME No.441/00 OF VADAKARA POLICE STATION AND LPNo.3/04 OF THE ADDL. DISTRICT & SESSIONS (NDPS COURT), VADAKARA .................... PETITIONER: -------------- ASHARAF, S/O.KUNJALIKUTTY 28 YEARS, VENTHAMANNIL HOUSE THIRUVALOOR AMSOM DESOM. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS: ----------------- 1. KANARAN, S/O.KANNAN, 52 YEARS VENTHAMANNIL KUNIYIL HOUSE, THIRUVALOOR AMSOM DESOM. 2. JYOTHISH, S/O.KANNAN, 27 YEARS KAITHAVALAPPIL HOUSE, THIRUVALOOR AMSOM DESOM. 3. GIRISH, S/O.KANARAN, 21 YEARS VENTHAMANNIL KUNIYIL HOUSE THIRUVALOOR AMSOM DESOM. 4. SUB INSPECTOR OF POLICE, VADAKARA , REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 TO R3 BY ADV. SRI.SUDHEESH.A. R4 BY PUBLIC PROSECUTOR, SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3947 OF 2008 ----------------------------------------------- Dated this the 29th day of October, 2008 O R D E R Petitioner is the sole surviving accused who has been arrayed as an accused in crime No.441/00 of Vadakara Police Station. In that crime final report has been filed alleging commission of offences punishable, inter alia, under Section 307 read with Section 149 IPC. All the other accused have already stood trial. They have been found not guilty and acquitted, it is submitted. The crux of the allegations is that the defacto complainant, his son and a friend of his were attacked and injuries were suffered by them. The victims are arrayed as respondents 1 to 3 in this Crl.MC. 2. The co-accused having already been found not guilty and acquitted and the victims having already settled the dispute with the petitioner and they having compounded the offences allegedly committed by the petitioner, the learned counsel for the petitioner prays that powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot V. State of Punjab [2008 (3) KLT Crl.M.C. No. 3947 OF 2008 -:2:- 19] and Nikhil Merchant V. C.B.I [ 2008 (30 KLT 769 (SC)] may be invoked to bring to premature termination the unnecessary and irrelevant continuance of the prosecution against the petitioner herein. Respondents 1 to 3 have entered appearance through counsel. They have filed an affidavit duly attested by counsel to confirm that all the disputes have been settled amicably and they have compounded the offences allegedly committed by the petitioners. The offences alleged include non-compoundable offences. It is in these circumstances prayed that powers under Section 482 Cr.P.C may be invoked to prematurely terminate the unnecessary and irrelevant prosecution against the petitioner. 3. Notice was given to the learned Prosecutor. The learned Public Prosecutor does not oppose the application. I have been taken through the relevant documents. The dispute is one between the three victims and the accused persons. I am satisfied considering the totality of the circumstances available in this case that, the composition can be accepted and premature termination of the proceedings can be directed. In the absence of opposition from the learned Public Prosecutor and in the light of Crl.M.C. No. 3947 OF 2008 -:3:- the submissions of the counsel for the petitioner and respondents 1 to 3, I am satisfied that the said request can be accepted. 4. In the result: a) This Crl.M.C is allowed. b) Prosecution against the petitioner pending as LP.No.3/04 before the additional District and Sessions Judge, NDPS Court, Vadakara is hereby quashed. c) The learned Judge shall make necessary entries in the concerned registers. Needless to say, the proceedings if any pending against the petitioner and sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. R. BASANT, JUDGE ttb Crl.M.C. No. 3947 OF 2008 -:4:- Crl.M.C. No. 3947 OF 2008 -:5:-