IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Crl.MC.No. 1991 of 2008() ------------------------- CRIME NO.509/08 OF KOLLAM TOWN EAST POLICE STATION PETITIONER: ACCUSED ------------------- ANAS @ MUHAMMED ANAS, AGED 21 YEARS S/O.MUHAMMED BASHEER, FLAT NO.5 DIVAN APARTMENT, PALLIMUKKU, IRAVIPURAM P.O. KOLLAM. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. NAGASELVI, AGED 19 YEARS D/O.SACHINANDI & MURUKAN, SIVAMBIKA VILASAM VADAKKUM BHAGOM WARD, CHINNAKADA KOLLAM WEST VILLAGE, KOLLAM. BY ADV. SRI.SEENTH BEEGUM FOR R2 SMT.S.SMITHA (PARAKKAL) FOR R2 PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1991 of 2008 ------------------------------------- Dated this the 23rd day of June, 2008 ORDER Petitioner faces indictment in a prosecution under Section 308 I.P.C. The crux of the allegations against the petitioner, a person, aged about 21 years, is that he had attempted to cause the death of the defacto complainant, a girl aged about 19 years by knocking her down with his running car. Simple injuries were suffered by the defacto complainant. Crime was registered under Section 308 I.P.C. The petitioner has been granted anticipatory bail by another Bench of this Court. Investigation is in progress. In the course of investigation, parties have now settled their disputes. They have entered into Annexure-III agreement. There is no dispute outstanding between them now. They were formerly classmates. There were certain disputes between them. Because of such disputes, exaggerated allegations were raised. Parties have now settled the disputes. The defacto complainant has been sufficiently compensated. The defacto complainant does not, in these circumstances, want to proceed further with the matter. It is, in these circumstances, that both the petitioner and the Crl.M.C. No.1991 of 2008 2 defacto complainant, ie. the 2nd respondent herein have come before this Court with the present prayer. They pray that the powers under Section 482 Cr.P.C may be invoked and the further proceedings against the petitioner may be quashed. Investigation is not complete yet, it is submitted. 2. The learned counsel for the petitioner submits that in any view of the matter the allegations cannot constitute a valid offence under Section 308 I.P.C. He further submits that at any rate parties, being classmates and friends earlier, having settled their disputes, it would be against the interests of justice to permit the investigation to continue. The counsel relies on the decision in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] in support of this proposition. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against this Court invoking the dictum in Madan Mohan Abbot v. State of Punjab to bring to premature termination the further proceedings in Crime No.509 of 2008 of Kollam Town East Police Station. Parties have willingly and voluntarily settled the dispute. The defacto complainant has compounded the offence under Section 308 I.P.C alleged against the petitioner. It is Crl.M.C. No.1991 of 2008 3 doubtful whether the offence under Section 308 I.P.C would stand on, it is submitted. 4. I am, in these circumstances, satisfied that notwithstanding the fact that the alleged offence is not compoundable, as enabled by the dictum in Madan Mohan Abbot v. State of Punjab, the prayer of the petitioner endorsed by the defacto complainant can be accepted and the proceedings can be brought to premature termination. 5. In the result: i) This Crl.M.C is, allowed; ii) Crime No.509 of 2008 of Kollam Town East Police Station and all steps taken in pursuance of registration of such crime is hereby quashed. (R.BASANT, JUDGE) rtr/-