IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Crl.MC.No. 2463 of 2008(A) -------------------------- CRIME NO.532/07 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM PETITIONER(S): ACCUSED ---------------------- 1. ANJANEYAN, S/O. SREEKANTH, T.C 12/1420, KAMALA VILAS, BIRGADE LANE, KUNNUKUZHY, VANCHIYOOR VILLAGE, TRIVANDRUM. 2. SANISH, YMR JN, KENI, KOWDIAR.P.O, TRIVANDRUM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): DEFACTO COMPLAINANTS, INV. OFFICER & STATE --------------------------------------------------------- 1. UNNIKUTTAN, S/O. CHANDRAN, AGED 20, T.C 7/146, KONDOOR THARAYIL, NANDANCODE WARD TRIVANDRUM. 2. AL AMEEN, T.C 11/1368, KADAYIL VEEDU, NANDANCODE WARD, TRIVANDRUM. 3. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION. 4. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADDL. 5. BAIJU (A3), ADDRESS NOT KNOWN. ADDL. 6. JEEVAN, S/O.BABU (A4), TC12/832, BARTON HILL, KUNNUKUZHI, THIRUVANANTHAPURAM. ADDL. 7. AJITH KUMAR, AGED 15 YEARS (A5), TC11/1859, SHARADA VILASOM MULLASSERI LANE, NANTHANCODE, THIRUVANANTHAPURAM. Addl.respondents 5 to 7 are impleaded as per order dt.10.11.08 in Crl.M.Appl.No.6279 of 2008) ADV. SRI.SUMAN CHAKEAVARTHY FOR R1,R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2463 of 2008 ------------------------------------- Dated this the 18th day of November, 2008 ORDER Petitioners and respondents 5 to 7 face indictment of offences punishable, inter alia, under Sections 143, 147, 324 and 368 r/w 149 I.P.C. Altogether there are 5 named accused and unidentified one as per the final report. Investigation is complete. Final report has already been filed. The petitioners are accused 1 and 2. Respondents 5 to 7 are accused 3 to 5. Respondents 1 and 2 are the victims/injured in the case. Though it is submitted that final report has already been filed, the number of the calendar case registered is not made available. The alleged incident in this case (Crime No.532/07) and in Crime No.531 of 2007 are in the nature of an incident and counter blast for that incident. Parties have settled their disputes. Respondents 1 and 2, the victims, have compounded the offences allegedly committed by the accused persons. They have compounded the offences committed by the petitioners are respondents 5 to 7. They have filed affidavit to confirm such settlement/composition. Some of the offences are not Crl.M.C. No.2463 of 2008 2 compoundable. It is prayed that the dicta in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] may be invoked to bring the prosecution to premature termination. 2. Notice given to the learned Public Prosecutor. The learned Public Prosecutor confirms such settlement/composition and reports that the State has no objection against the quashing of proceedings against the accused persons, ie. petitioners 1 and 2 and respondents 5 to 7. I am satisfied that the powers under Section 482 Cr.P.C as enabled by the dicta in the 3 decisions referred above can profitably be invoked to bring to premature termination the prosecution against the accused persons. 3. In the result: i) This Crl.M.C is allowed; ii) All further proceedings in pursuance of the final report in Crime No.532 of 2007 of Museum Police Station, Thiruvananthapuram in which the petitioners and respondents 5 to 7 are the accused and respondents 1 and 2 are the victims/injured is hereby quashed; Crl.M.C. No.2463 of 2008 3 iii) Needless to say, the proceedings, if any, pending against accused persons and their sureties under Section 446 Cr.P.C shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2463 of 2008 4 R.BASANT, J ------------------------------------ Crl.M.C. Nos.2463 & 2468 of 2008 ------------------------------------- Dated this the 19th day of August, 2008 ORDER The Prosecutors are given time to file statement explaining the stage of the investigation and the proceedings. Such statement shall be filed within a period of 15 days from this date. 2. The interim directions issued on 07.08.08 shall continue to remain in force until further orders. (R.BASANT, JUDGE) rtr/-