IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3962 of 2008() -------------------------------------- (CRIME NO.4/2001 OF KOLLOORKAD POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- PETER M.PAUL, AGED 48 YEARS, S/O.PAILY, MAPPANALIL TRADERS, VADAYAMBADY, CHOONGI AND RESIDING AT MAPPANALIL HOUSE, VADAYAMPADY KARA, AIKKARANADU SOUTH VILLAGE. BY ADV. SRI.P.DALBI EMMANUEL SRI.K.B.ARUN KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE SUB INSPECTOR KALLOORKAD IN CR.4/2001 2. JOHN JOSEPH, AGED 42 YEARS, S/O.JOSEPH, RESIDING AT KAKKANADU HOUSE, AYAMANA, MUVATTUPUZHA. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB - R1 ADV. SRI.O.S.JAFARKHAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3962 of 2008 ------------------------------------------------- Dated this the 29th day of October, 2008 ORDER The petitioner is the sole accused in a prosecution for offences punishable under Secs.420, 468 and 471 IPC. Cognizance was taken on the basis of a final report submitted by the police after due investigation in a crime. That crime, in turn, was registered on the basis of a private complaint filed by the de facto complainant which was referred to the police under Sec.156(3) Cr.P.C. by the learned Magistrate. Two accused were arrayed as accused in the private complain; but in the final report only the petitioner is arrayed as the accused. 2. The petitioner and the 2nd respondent have now Crl.M.C. No. 3962 of 2008 -: 2 :- come before this Court through their counsel to apprise this Court of the fact that the parties have willingly and voluntarily settled their disputes. The dispute is one which is purely private and personal between the parties. They having settled their disputes, the continuance of the prosecution is unnecessary and irrelevant. No issue of public justice or public interest is involved. In these circumstances, the composition may be accepted and further proceedings may be quashed notwithstanding the fact that the offences alleged include non-compoundable offences, pray the learned counsel for the petitioner and the 2nd respondent. The petitioner and the 2nd respondent have filed a proper application for composition duly signed by them and counter signed by their respective counsel. 3. The learned counsel for the petitioner and the 2nd respondent pray, the learned Public Prosecutor does not oppose the prayer and I am satisfied that this is an eminently fit case where invoking the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) the premature termination of proceedings Crl.M.C. No. 3962 of 2008 -: 3 :- can be brought about. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. 5. I am satisfied that this is an eminently fit case where the proceedings can be brought to premature termination as prayed by and as agreed by all concerned. 6. In the result: (a) This Crl.M.C. is allowed. (b) All further proceedings in pursuance of the final report in Crime No.4/01 of the Kalloorkad Police Station (which proceeding is now pending before the JFCM-I, Muvattupuzha as L.P.No.22/05) is hereby quashed. (c) The learned Magistrate shall make necessary entries in the registers to carry out this direction. (d) Needless to say, proceedings, if any, pending against the petitioner and the sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3962 of 2008 -: 4 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3962 of 2008 ------------------------------------------------- Dated this the 22nd day of October, 2008 ORDER The prayer is to quash the criminal proceedings for offences punishable including non-compoundable offences on the ground that the victim has settled the dispute and compounded the offences. Notice given and the learned Public Prosecutor shall take instructions. Respondent/victim has appeared through counsel to confirm settlement/composition. Call on 29/10/2008. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3962 of 2008 -: 5 :-