IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4303 of 2008() ----------------------------------- CC.267/2007 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA .................... PETITIONER/ACCUSED NO.3: ----------------------------------------- STEPHEN, S/O. BHASKALIOS, HOUSE NO. PP XI 275, PUTHUVAL PUTHEN VEEDU, MURIYANKARA DESOM, PARASSALA VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS/COMPLAINT & DEFACTO COMPLAINT:- -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P. MADHUSOODHANAN NAIR, AGED 56, S/O. PARAMESWARAN PILLAI, ANILA BHAVAN, VALIYAPARAMBU MARAYAMUTTOM P.O., PERUMKADAVILA VILLAGE. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SRI.NAGARAJ NARAYANAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4303 of 2008 ------------------------------------------------- Dated this the 19th day of November, 2008 ORDER The petitioner is the 3rd accused and he faced indictment on the basis of a final report in Crime No.370/01 of the Parassala Police Station for offences punishable, inter alia, under Sec.353 read with Sec.34 IPC. The offence under Sec.353 IPC is not compoundable. All other offences are compoundable offences. The petitioner was not available for trial. Accused 1 and 2, who faced trial, have already been found not guilty and acquitted as per Annexure-II judgment. The case against the petitioner has been split up. 2. The crux of the allegations is that the accused persons, in furtherance of their common intention, wrongly restrained the 2nd respondent who was on duty as the Manager of the Maveli Store. He was allegedly assaulted. Dissatisfaction, Crl.M.C. No. 4303 of 2008 -: 2 :- consequent to the demand for donation, is the alleged motive. 3. The petitioner and the 2nd respondent have now come before this Court to apprise this Court of the fact that all the outstanding disputes between them have been settled and the 2nd respondent has compounded all the offences including the non- compoundable offences allegedly committed by the petitioner. In these circumstances, it is prayed that the powers under Sec.482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and Manoj Sharma v. State (2008 (4) KLT 417) may be invoked to bring to premature termination the unnecessary and irrelevant continuation of the prosecution against the petitioner. The petitioner and the 2nd respondent have filed a joint application for composition duly signed by them and counter signed by their respective counsel. 4. The learned counsel for the petitioner and the 2nd respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the dispute being one which is purely personal and private between the parties, the powers under Sec.482 Cr.P.C. as enabled by the the dictum in the three precedents referred above can safely be invoked to Crl.M.C. No. 4303 of 2008 -: 3 :- bring to premature termination the surviving prosecution against the petitioner. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.267/07 pending before the learned Judicial Magistrate of the First Class-II, Neyyattinkara, in which the petitioner is the sole surviving accused and the 2nd respondent is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioner 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. 4303 of 2008 -: 4 :-