IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 2996 of 2008() ------------------------- CC.213/2007 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER: ACCUSED: -------------------- SAMEER, S/O.MOIDU, AGED 30 YEARS, PULIYARATH HOUSE, THIRUVALLOOR AMSOM DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS: COMPLAINANT: ------------------------- 1. MANAGER, MANTHARATHOOR CO-OP. RURAL BANK LTD. BRANCH, THIRUVALLOOR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SUDHEESH.A. FOR R1 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2996 of 2008 ------------------------------------- Dated this the 19th day of August, 2008 ORDER Petitioner was the 4th accused and he faced indictment along with 4 others for offences punishable under Sections 143, 147, 148 and 427 r/w 149 I.P.C. The petitioner was not available for trial. 3 of the remaining 4 co-accused faced trial. They were found not guilty and acquitted. Thus 3 of the 5 co-accused have already been acquitted. The petitioner has come to this Court at this juncture along with the defacto complainant to report to the Court the fact that the disputes between the parties have been settled and the substantive compoundable offence punishable under Section 427 I.P.C has already been compounded and the matter settled between the parties. In these circumstances it is prayed that the powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] may be invoked and the proceedings may be brought to premature termination. The defacto complainant has appeared through counsel and confirms that the matter has been settled between the parties. Crl.M.C. No.2996 of 2008 2 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor also reports that the matter is settled and the State has no objection against quashing of proceedings against the petitioner invoking the dictum in Madan Mohan Abbot v. State of Punjab. 3. I am satisfied, in the facts and circumstances of this case, that this is an eminently fit case where the powers under Section 482 Cr.P.C, as enabled by the dictum in Madan Mohan Abbot v. State of Punjab, can be invoked to bring to premature termination the surviving prosecution against the petitioner. 4. In the result: i) This Crl.M.C is allowed; ii) C.C.No.213 of 2007 in so far as it relates to the petitioner/original 4th accused is hereby quashed. (R.BASANT, JUDGE) rtr/-