IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4515 of 2008 --------------------------------- (CC.752/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-II,PERINTHALMANNA .................... PETITIONERS/ ACCUSED 2 & 4: --------------------------------------------- 1. ASHIQ ,S/O. HYDER, POOKKUTH HOUSE, KIZHATTOOR AMSOM, PATTIKKAD. 2. HARIS BABU, S/O.ABDULLA, POOKKUTH HOUSE KIZHATTOOR AMSOM, PATTIKKAD. BY ADV. SRI.P.SAMSUDIN. RESPONDENTS/ DEFACTO COMPLAINANT/ STATE: ------------------------------------------------------------------------- 1. SAMEER BABU , S/O.KUNJIMOHAMMED, KAITHAKKUNNAN HOUSE,MANNARMALA, KIZHATTOOR,PATTIKKAD, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,MELATTUR THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR, R1 BY ADV. SMT.MARY BEENA JOSEPH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4515 of 2008 ---------------------------------------- Dated this the 1st day of December 2008 O R D E R Petitioners as accused 2 and 4 face indictment for offences punishable under Sections 143,147,148,323 and 324 read with 149 I.P.C on the basis of the final report filed in crime No.31/06 of the Melattur police station. Altogether there were five accused persons. Accused 1, 3 and 5 have already faced trial. They have been found not guilty and acquitted as per Annexure A2 judgment dated 05/08/2008. 2. Petitioners have now come before this court to apprise this court of the fact that the disputes have been settled between the parties and the sole victim, that is the first respondent herein has compounded all the offences alleged against the petitioners. The substantive offences under Sections 323 and 324 are compoundable and have been compounded. The dispute is one which is purely private and personal between the parties. No issue of public interest or public policy is involved. In these circumstances, the learned counsel for the petitioners pray that the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Crl.M.C.No.4515/08 2 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] may be invoked to bring to premature termination the surviving prosecution against the petitioners which has now become irrelevant and unnecessary. The respondent/victim has entered appearance through counsel. The de facto complainant/first respondent has entered appearance through counsel. The de facto complainant/first respondent herein and the petitioners have filed a joint application for composition duly countersigned by their respective counsel. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the said prayer. The learned counsel for the petitioners and the first respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the parties have willingly and voluntarily settled their disputes and the offences alleged being purely personal and private between the contestants, the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan, Nikhil Merchant and Crl.M.C.No.4515/08 3 Manoj Sharma (Supra) can safely be invoked to bring to premature termination the prosecution against the petitioners. 4. In the result, a) This petition is allowed. b) C.C.No.752/08 pending before the learned J.F.C.M-II Perinthalmanna in which the petitioners are the accused and the first respondent is the victim/complainant is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4515/08 4 Crl.M.C.No.4515/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008