IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 48 of 2009() ----------------------- CRIME NO.633/2008 OF KUNNATHUNADU POLICE STATION PETITIONER(S): ACCUSED ---------------------- GEORGE, AGED 44 YEARS, S/O. VARGHESE, PANTHANALLIL HOUSE, PALATHALIMALA, NELLAD, MAZHUVANNOOR, ERNAKULAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREEDEVI, W/O. KRISHNANKUTTY, KOTTUKUNNEL HOUSE, PALATHALIMALA, NELLAD. 3. KRISHNANKUTTY, KOTTUKKUNNEL, PALATHALIMALA, NELLAD. ADV. SRI.P.P.BIJU FOR R2 & R3 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.48 of 2009 ---------------------------------------- Dated this the 20th day of January 2009 O R D E R The petitioner is the sole accused, who faces allegations in a crime registered alleging offences punishable inter alia under Sections 452,326 and 294(b) I.P.C. The other offences are all compoundable offences. Crime has been registered. Investigation is in progress. The crux of the allegations is that the petitioner has trespassed into the residential building of the de facto complainant and had indulged in wanton acts of violence. Investigation is in progress. Final report has not been filed yet. 2. At this juncture, the petitioner along with respondents 2 and 3 have come before this court to report that all outstanding disputes between the parties have been settled and respondents 2 and 3 have compounded all offences allegedly committed by the petitioner herein. Respondents 2 and 3 have entered appearance and have filed separate affidavits to confirm such settlement/composition. 3. The learned counsel for the petitioner and respondents 2 and 3 pray, the learned Public Prosecutor does Crl.M.C.No.48/09 2 not oppose the said prayer and I am satisfied that this is an eminently fit case where 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] can safely be invoked to bring to premature termination all further proceedings in pursuation of the crime registered against the petitioner. 4. In the result, a) This Crl.M.C is allowed. b) Crime No.633/08 registered at the Kunnathunadu police station in which the petitioner herein is the sole accused and respondents 2 and 3 are the injured persons is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioner and his sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.48/09 3 Crl.M.C.No.48/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008