IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Crl.MC.No. 4466 of 2008() ------------------------- CRIME NO.432 OF 2008 OF KUTTIADI POLICE STATION PETITIONER(S): --------------- 1. ASHRAF NARIKOOTAMCHAL, S/O.KUNHAMMAD, AGED 38 YEARS, PARATHANDIYIL HOUSE, KARANGODE.P.O, KUTTIADI VIA, VATAKARA, KOZHIKODE DISTRICT. 2. ASLAM, S/O.KUNHAMMAD, AGED 32 YEARS, PARATHANDIYIL HOUSE, KARANGODE.P.O, KUTTIADI VIA, VATAKARA, KOZHIKODE DISTRICT. 3. RIYAS KUNIYIL, S/O.UMMAR, AGED 33 YEARS, KUNIYIL HOUSE, KAKKATTIL.P.O, KUNNUMEL AMSOM DESOM KUTTIADI VIA, KOZHIKODE DISTRICT. 4. NISAR, S/O.KUNHABDULLA, AGED 29 YEARS, KELAMKANDIYIL HOUSE, MAYYANNUR.P.O., VILLYAPPALLI, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. NIZAAR KARUDIPPURATH, S/O.SHAHIM AGED 29 YEARS, KAYAKKODI AMSOM, CHANGARAMKULAM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 3. SHAHIM KARUDIPPURATH, AGED 50 YEARS, KAYAKKODI AMSOM, CHANGARAMKULAM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. ADV. SRI.V.V.UNNIKRISHNAN FOR R2 & R3 PUBLIC PROSECUTOR GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4466 of 2008 ------------------------------------- Dated this the 27th day of November, 2008 ORDER Petitioners face allegations in a crime registered as Crime No.432 of 2008 of Kuttiadi Police Station for offences punishable, inter alia, under Sections 143, 147, 148 and 452 r/w 149 I.P.C. All other offences alleged are compoundable, it is submitted. 2. During the pendency of the proceedings, parties have settled their disputes. The victims (R2 & R3) have compounded all offences allegedly committed by the petitioners. The petitioners and the victims - ie. 2nd and 3rd respondents have now come before this Court with a prayer that the proceedings initiated against the petitioners may be quashed in as much as the disputes have been settled and the 2nd and 3rd respondents have compounded all the offences allegedly committed by the petitioners. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms settlement of the dispute between the victims and the petitioners. The learned Public Prosecutor further submits that the State has no objection against acceptance of the composition and quashing of the proceedings. The learned Public Prosecutor further reports that the dispute is one which is personal and private between the parties. On account of disagreement on the basis of a business transaction, the accused Crl.M.C. No.4466 of 2008 2 had allegedly gone to the house of the victims and the alleged overt acts were committed in connection with that dispute. 4. The 2nd and 3rd respondents have entered appearance through counsel. A copy of the affidavit duly signed by the parties and notarised before a Notary Public is produced before me to confirm such settlement. 5. The learned counsel for the petitioners and the 2nd and 3rd respondents pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, that this is an eminently fit case where th extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] can safely be invoked and proceedings quashed. 6. In the result: i) This Crl.M.C is, allowed; ii) Crime No.432 of 2008 of Kuttiadi Police Station registered against the petitioners is hereby quashed. (R.BASANT, JUDGE) rtr/-