IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 3747 of 2008() ------------------------- CP.126/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, KARUNAGAPPALLY .................... (CRIME NO.456/05 OF CHAVARA POLICE STATION) PETITIONER(S): ACCUSED NOS 1 TO 3: ---------------------------------------------------------- 1. NAZARUDEEN, S/O. MOHAMMED KUNJU, SHAKIRA MANZIL, MUKUNDAPURAM CHERRY, CHAVARA, KOLLAM. 2. SHAHUL HAMEED, S/O. MUHAMMED KUNJU, LAILA MANZIL PUTHUVILA MEKKATHIL VEETIL, CHAVARA VILLAGE, KOLLAM DISTRICT. 3. NIYAZ, S/O. YONUS KUTTY, ANAKKARANTHAYATHU, MADAPPALLY, CHAVARA. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): STATE AND COMPLAINANT: ---------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNUSKUNJU, S/O. IBRAHIMKUTTY, CHOLAYIL PADINJATTATHIL, MUKUNDAPURAM, CHAVARA. 3. MUJEEB, S/O. IBRAHIMKUTTY, VILAYIL VEEDU, KOTTUKADU, PATTATHAM MURI, CHAVARA VILLAGE, KOLLAM BY PUBLIC PROSECUTOR SRI. S.U.NAZAR - R1 ADV. SRI.R.PARAMESWARAN NAIR FOR R2-3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No.3747 of 2008 ------------------------------------------------- Dated this the 24th day of October, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Secs.324 and 308 read with Sec.34 IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. Committal proceedings has been registered. The same is pending before the learned Magistrate. The crux of the allegations against the petitioners is that they, on account of prior animosity arising on the basis of prior incidents, had attacked the victims i.e., respondents 2 and 3 herein and had caused injuries to them. It is alleged that the culpable act amounts to an offence punishable not only under Sec.324 IPC but also under Sec.308 IPC. 2. The matter is pending before the learned Magistrate Crl.M.C. No.3747 of 2008 -: 2 :- as committal proceedings. At this stage, the petitioners as well as the injured/victims/respondents 2 and 3 herein have come before this Court through their respective counsel to apprise this Court of the fact that they have settled all their outstanding disputes and the alleged offences have been compounded by respondents 2 and 3. In these circumstances, it is prayed that 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) and Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) may be invoked to bring to premature termination the unnecessary and irrelevant prosecution which is continuing to be pending before the learned Magistrate. 3. A joint application for composition has been filed by the parties duly countersigned by their respective counsel. The learned Public Prosecutor confirms that the disputes have been amicably settled and that the State has no objection against the invocation of the jurisdiction under Sec.482 Cr.P.C. to quash the proceedings. 4. The dispute, I note, is one which is private and personal between the parties. There was a dispute regarding parking of vehicles in front of the shop of the victim and it is that dispute which had triggered the alleged culpable conduct on the part of Crl.M.C. No.3747 of 2008 -: 3 :- the petitioners. Though the allegation under Sec.308 IPC is also raised and the same is not compoundable, I am satisfied, considering the nature of the allegations, the genesis of the incident and the nature of the injury suffered, that the interests of justice will be served by accepting the composition and quashing of the proceedings. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.P.No.126/05 which is pending before the learned Judicial Magistrate of the First Class, Karunagappally, under which the petitioners are the accused and respondents 2 and 3 are the victims is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioners 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.3747 of 2008 -: 4 :-