IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Crl.MC.No. 4229 of 2009() ------------------------- Crime No.780 of 2008 of Chathannoor Police Station now pending before the Judicial First Class Magistrate Court, Paravoor, Kollam. .................... PETITIONER(S): ACCUSED 1 AND 2. ------------------------------- 1. UNNI, S/O. DEVARAJAN, KOCHUPOIKAYIL VEEDU, PANIYIL, CHATHANNOOR, KOLLAM DISTRICT. 2. SHAILENDRAN @ MONKUTTAN, S/O. KARUNAKARAN, KOCHUPOIKAYIL VEEDU, PANIYIL, CHATHANNOOR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT. --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRI.AJITH, S/O. BAHULEYAN, AJITH NIVAS, KAROTTUMUKKU, THAZHAMCHERRY, CHIRAKKARA VILLAGE, CHATHANNOOR, KOLLAM. ADV. SRI.C.SINOY FOR R2 R1 BY PUBLIC PROSECUTOR SRI HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------------------------ CRL. M.C. 4229 of 2009 ------------------------------------------------------ Dated: JANUARY 1, 2010 ORDER Petitioners are accused Nos.1 and 2 in Crime No.780 of 2008 of Chathannoor Police Station coming within the jurisdiction of Judicial First Class Magistrate Court, Paravoor, Kollam District. The allegation against the petitioners is that on 8.11.2008 at about 7.30 p.m. they assaulted the 2nd respondent, the de facto complainant and caused him serious injuries and thereby committed offences punishable under secs.308 and 324 read with sec.34 of IPC. 2. It is alleged in the petition that the matter has been compounded between the petitioners and the 2nd respondent and that therefore the proceedings against them may be quashed. 3. When the petition came up for hearing on 30.12.2009, counsel for the petitioners and the 2nd respondent were present. The 2nd respondent submitted that the matter has been settled. 4. The offence punishable under sec.308 of IPC is not compoundable. Only the offence punishable under sec.324 of IPC is compoundable. It has been held by the Apex Court in Madan Mohan Abbot v. State of Punjab {2008 (3) KLT 19 (SC)} that criminal proceedings involving non-compoundable offences can be quashed by accepting the terms of compromise reached between the rival parties, if the question involved in such disputes is purely of a personal nature. Crl.M.C.4229/09. 2 In a subsequent decision in Nikhil Merchant v. Central Bureau of Investigation {2008(3) KLT 769(SC)}, the Apex Court has quashed the proceedings on the basis of compromise arrived at between the rival parties where accused persons were charged under Prevention of Corruption Act. 5. This court had occasion to consider the above aspect in Baiju v. S.I.of Police {2006(3) KLT 49} and Ettoop v. Kunhikrishnan {2005(2)KLT 429} and held that even in non-compoundable offences if the parties settle the disputes, the proceedings can be quashed under Section 482 Cr.P.C. in the interests of justice. 7. In the light of the principles laid down in the above decisions, in the present case also a compromise has been arrived at between the rival parties and the question involved in the dispute is purely of a personal nature. That being so, this petition has to be allowed and the proceedings against the petitioners has to be quashed. 8. In thew result the petition is allowed. The proceedings against the petitioners in Crime No.780 of 2008 of Chathannoor Police Station is hereby quashed. P.Q. BARKATH ALI, JUDGE mt/-