IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3506 of 2008 ---------------------------------- (C.C. NO.184/07 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA) ....................... PETITIONER/ A6: ------------------------ GIRESSH KUMAR, AGED 27, S/O.NARAYANAN NAIR, MANKUZHIYAR VEEDU, MARIYAPURAM, AARAYOOR DESOM, CHENKKAL VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUJI KUMAR, AGED 27, (CWI) S/O.KRISHNAN NAIR, KRISHNA NIVAS, NEAR KODANKARA HONEY SOCIETY, AARAYOOR DESOM, CHENKKAL VILLAGE. 3. JIJU, AGED 21, (CW2),S/O.SUKUMARAN NAIR, GEETHA BHAVAN, NEAR ABAEDANDA ASHRAMAM, AARAYOOR DESOM, CHENKKAL VILLAGE. 4. SREEKANTH, AGED 22,(CW3), S/O.KRISHNANKUTTY NAIR, PADINJARUMURI KARUMAMKODU VEEDU, NEAR ABAEDANANDA ASHRAMAM, AARAYOOR DESOM, CHENKKAL VILLAGE. 5. JAYAKRISHNAN, AGED 25, (CW4), S/O.HARIKUMAR, KEEZHAMMAKAM PALLI MANKALLATHU VEEDU, KEEZHAMMAKAM DESOM, CHENKKAL VILLAGE. CRL.M.C. NO. 3506/2008: 6. PRASHANTH, AGED 24, (CW5) S/O. SASIDHARAN NAIR, MELAMMAKAM PANANTHOTTU VEEDU, MELAMMAKAM DESOM, CHENKKAL VILLAGE. *ADDL.R.7 TO R.11 IMPLEADED: *7. RAJESH @ MONUKUTTAN, AGED 30 (A1), S/O. RAVEENDRAN NAIR, THOPPIL VEEDU, MARIYAPURAM ABAEDANANDA ASHRAMAM, AARAYOOR DESOM, CHENKKAL VILLAGE. *8. ANIL KUMAR @ ANI, AGED 37 (A2), S/O. VELAYUDHAN PILLAI, KEEZHUCHERI VEEDU, NEAR MARIYAPURAM ABAEDANANDA ASHRAMAM, AARAYOOR DESOM, CHENKKAL VILLAGE. *9. VENUGOPALAN NAIR, AGED 45, (A3), S/O. VELAYUDHAN PILLAI, KEEZHUCHERI VEEDU, NEAR MARIYAPURAM ABAEDANANDA ASHRAMAM, AARAYOOR DESOM, CHENKKAL VILLAGE. *10. RAMESH, AGED 28, (A4), S/O. GANGADHARAN PILLAI, THATTAN VILAKATHU VEETIL, ABAEDANANDAPURAM, AARAYOOR DESOM, CHENKKAL VILLAGE. *11. RAJESH @ COTATION RAJESH, AGE 26 (A5), S/O. SURENDRAN NAIR, MARIYAPURAM KIZHAKKAE PANAVEETIL, AARAYOOR DESOM, CHENKKAL VILLAGE. *IMPLEADED AS ADDL.R.7 TO R.11 AS PER ORDER DT. 07/10/08 IN CRL.M.A. NO.5286/08. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3506 OF 2008 ----------------------------------------------- Dated this the 13th day of October, 2008 O R D E R About an incident which took place on 07.11.06, a case and a counter case have been registered at the Parassala Police Station. Investigation is complete in both cases and final reports have already been filed. The petitioner herein is the 6th accused in Crime No.559/06 in which the final report has already been filed and cognizance has been taken of the offences punishable inter alia under Sections 324 and 326 read with 149 IPC. Altogether there are five injured persons. CWs 1 to 5 in that case have been arrayed as respondents 2 to 6. Altogether there are six accused in that case. Petitioner is the 6th accused. Accused 1 to 5 have been arrayed as respondents 7 to 11. 2. Petitioner has come to this Court with this petition under Section 482 Cr.P.C with a prayer that powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot V. State of Punjab [2008 AIR SCW 2287] may be invoked to prematurely terminate the proceedings against the petitioner and also the co-accused, i.e., respondents 7 to 11. It is reported that Crl.M.C. No. 3506 OF 2008 -:2:- the parties have settled their disputes. All the injured persons have compounded alleged offences committed by accused Nos.1 to 6 including the petitioner herein. Respondents 2 to 6 - injured/victims, have appeared through counsel and it is confirmed by the counsel that parties have settled their disputes and respondents 2 to 6 have compounded all offences allegedly committed by the petitioner herein as also the co-accused, i.e., respondents 7 to 11. The counter case has also been settled and steps are being taken to report composition in that counter case. Petitioner has now secured employment in the CRPF and the continuance of the prosecution is causing unnecessary difficulties to the petitioner. The petitioner therefore wants the proceedings to be brought to premature termination. In the wake of composition of the offences by the injured and the comprehensive settlement of the outstanding disputes by the parties, it is prayed that powers under Section 482 Cr.P.C may be invoked to bring to premature termination the prosecution against the petitioner and the co-accused. 3. Notice was given to the learned Prosecutor. Learned Crl.M.C. No. 3506 OF 2008 -:3:- Prosecutor after taking instructions reports that the State is convinced that there has been genuine, bonafide and voluntary settlement of the outstanding disputes between the parties. It is further submitted that the State, in these circumstances, does not want to raise any objection against the quashing of proceedings against the petitioner and the co-accused. 4. Some of the offences alleged are not compoundable. But the counsel in these circumstances rightly relied on the decision of Madan Mohan Abbot (Supra). That decision is the authority for the proposition that the mere fact that offences are not compoundable shall not fetter the sweep and the amplitude of the powers under Section 482 Cr.P.C. The dispute between the parties is purely personal and private. No issue of public interest is involved. Continuance of the proceedings will only be a drain on judicial time as also the resources of the State. In these circumstances I am satisfied that the composition can be accepted and proceedings can be brought to premature termination. 5. In the result: a) The Crl.M.C is allowed. Crl.M.C. No. 3506 OF 2008 -:4:- b) CC No.184/07 pending before the JFCM-II, Neyyattinkara against the petitioner as also accused 7 to 11 in which respondents 2 to 6 are the victims/injured is hereby quashed. 6. Needless to say proceedings, if any, pending against the accused persons or their sureties under Section 446 Cr.P.C shall be disposed of by the learned Magistrate in accordance with law. R. BASANT, JUDGE ttb Crl.M.C. No. 3506 OF 2008 -:5:- Crl.M.C. No. 3506 OF 2008 -:6:-