IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Crl.MC.No. 2952 of 2009() ------------------------------------ SC.407/2007 of DIST. & SESSIONS COURT, KOLLAM .................... PETITIONER/ IST ACCUSED --------------------------------------- RASHEEDKUTTY, S/O.MAJEEDKUTTY, VAYALIL PUTHENVEEDU, VADAKKUMKARA KIZHAKKECHERRY, THAZHUTHALA VILLAGE, KOLLAM TALUK. BY ADV. MR.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS/COMPLAINANT/STATE -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION. 3. SUNI, S/O.SIVANANDAN, PARAKULAM LAKSHAM VEEDU NO.19, VADAKKUMKARA KIZHAKKECHERRY, THAZHUTHALA VILLAGE, KOLLAM TALUK. R1 & R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R3 BY ADV. MR.BIJUMON.E.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2009, ALONG WITH CRMC NO.3828 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------- Crl.M.C.NOs.2952 & 3828 OF 2009 ---------------------------------------------------- Dated 3rd December 2009 O R D E R Petitioner in Crl.M.C.2952/2009 is first accused in S.C.407/2009 and petitioner in Crl.M.C.3828/2009 is the second accused in S.C.964/2006 on the file of Sessions court, Kollam. Third respondent is the de facto complainant before Judicial First Class Magistrate-II, Kollam taken cognizance for the offence under Sections 323 and 324 read with Section 34 of Indian Penal Code and Section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Preventions of Atrocities) Act (hereinafter referred to as “the Act”). As the offence under the Act is to be tried by the Sessions court, the case was committed to the Sessions court as per order in C.P.92/2005. Originally only second accused appeared before the Sessions Judge. Therefore, the case as against first accused was split up and re-filed as S.C.407/2009 and the case as against second accused is continued as S.C.964/2006. Petitions are filed under Crmc 2952 & 3828/09 2 section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with third respondent were amicably settled and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Third respondent filed separate affidavit in both the petitions stating that entire disputes were settled with the accused and in view of the settlement he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 4. Offences alleged against petitioners under Indian Penal Code are compoundable offences. Offences alleged against them under Section 3(1)(x) the Act, is not compoundable. Though the offence is non compoundable, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when there has been complete settlement of the disputes with the de facto complainant and offence alleged is purely personal in nature as against him, it is not in Crmc 2952 & 3828/09 3 the interest of justice to continue the prosecution. Affidavits filed by third respondent establish that entire disputes were settled amicably. In such circumstances, it is not in the interest of justice to continue the prosecution. Petitions are allowed. S.C.964/2006 and S.C.407/2009 on the file of Sessions court, Kollam are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.