IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 263 of 2009() ------------------------ CRIME NO.45/2009 OF KAYAMKULAM POLICE STATION PETITIONER(S): 1ST ACCUSED -------------------------- KISHORE M.R.AGED 28 YEARS, S/O.RAMAN PILLAI,LEKSHMI VILASOM, PUTHIYAVILA, PATTOLI MARKET P.O. KAYAMKULAM. BY ADV. SRI.B.VINOD SMT.V.JISHA RANI RESPONDENT(S): COMPLAINANT -------------------------- 1. STTE OF KERALA REPRESENTED BY SUB INSPPECTOR OF POLICE, KAYAMKULAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. PONNAPPAN ACHERY, REGHUNATHABHAVANAM CHIRAKKADAVU, KAYAMKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM SRI.S.HARIKRISHNAN FOR R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.263 of 2009 ---------------------------------------- Dated this the 28th day of January 2009 O R D E R The petitioner faces allegations in a crime registered alleging offences punishable under Sections 447 and 506 I.P.C and Section 27 of the Arms Act. The petitioner is the only identified accused as per the F.I.R registered. The crux of the allegations is that the accused persons, four in number led by the petitioner, indulged in wanton acts of mischief after trespassing into the property of the de facto complainant. One of the miscreants allegedly carried a sword when they were so trespassing into the property of the petitioner. Crime has been registered. Investigation is in progress. Only the petitioner remains in the array of accused. 2. At this juncture, the petitioner along with the de facto complainant/informant/third respondent herein has come to this court to apprise this court of the fact that the 3rd respondent has settled all outstanding disputes and has compounded the offences allegedly committed by the accused persons. It is submitted that the son of the 3rd respondent and the petitioner Crl.M.C.No.263/09 2 were close friends and it is some insignificant disputes between them that have given rise to the untoward incident. All disputes have been settled. The 3rd respondent has compounded the offences allegedly committed by the petitioner and the other unidentified accused. In these circumstances, it is prayed that invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769(SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] the unnecessary and irrelevant further proceedings in this crime may be quashed. 3. The 3rd respondent has entered appearance through counsel and has filed an affidavit to confirm settlement/composition. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the disputes being private and personal between the parties and no issues of public justice being directly involved in the matter, the State has no objection against quashing of the prosecution. Crl.M.C.No.263/09 3 4. I am satisfied that the prayer made by the petitioner and the 3rd respondent which prayer is not opposed by the learned Public Prosecutor can safely be accepted and the extraordinary inherent jurisdiction under Section 482 Cr.P.C can be invoked to bring to termination the unnecessary and irrelevant further steps in crime No.45/09 of Kayamkulam police station. 5. In the result, a) This petition is allowed. b) Crime No.45/09 of Kayamkulam police station registered at the instance of the 3rd respondent in which the petitioner herein is the sole named accused is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.263/09 4 Crl.M.C.No.263/09 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008