IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Crl.MC.No. 3026 of 2008() ------------------------- CRIME NO.300/2008 OF VADAKKEKKARA POLICE STATION PETITIONER/1ST AND 2ND ACCUSED ---------------------- 1. KANNAN @ PRAJEESH AGED 25 YEARS, S/O. PRATHAPAN, NATTARASSERY VEEDU, MOOTHAKUNNAM, ERNAKULAM 2. SHANI, AGED24 YEARS S/O.SASI,MOOTHANDASSERRY,MALIYAMKARA MOOTHAKUNNAM ,ERNAKULAM . BY ADV. SRI.C.P.AJAYAKUMAR SMT.M.K.SHIMI RESPONDENTS/COMPLAINANTS: ------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. AJEESH,AGED 23 YEARS S/O.ASOKAN,VADAKKE ERAYIL, MALIANKARA, MOOTHAKUNNAM VILLAGE N.PARAVOOR TALUK PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.B.H.MANSOOR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3026 of 2008 ---------------------------------------- Dated this the 19th day of August 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable under Sections 323 and 326 read with 34 I.P.C. Altogether there are two accused persons. The crux of the allegations is that near a football ground after one team succeeded in the football match, there was an altercation between the petitioners and the de facto complainant. The petitioners allegedly attacked the de facto complainant and he suffered grievous injuries consequent to a very personal dispute between the petitioners and the de facto complainant. Investigation is not complete. At this stage, the petitioners along with the de facto complainant who has been arrayed as the second respondent has come before this court to report that the disputes between them have been settled and that there is no surviving controversy between them. The second respondent has, in these circumstances, compounded the offences allegedly committed by the petitioners. The second respondent does not want to continue with the prosecution. The parties in these Crl.M.C.No.3026/08 2 circumstances pray that the matter having been settled and the second respondent has compounded the offences allegedly committed against him by the petitioners, his friends, the proceedings against the petitioners may be brought to premature termination. 2. The second respondent has entered appearance through counsel. An affidavit duly attested by his counsel has been filed by the second respondent to confirm settlement and composition. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor, after taking instructions, submits that the State has no objection against the quashing of the proceedings invoking powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]. 4. I take note of the nature of the allegations. I take note of the nature of the injuries which have allegedly been suffered. I take note of the fact that the petitioners and the second respondent are friends and neighbours. I take note of the harmonious settlement of the dispute between the parties. I Crl.M.C.No.3026/08 3 take note of the futility in these proceedings. In these circumstances, I am satisfied that notwithstanding the fact that the offence under Section 326 I.P.C is not compoundable, the composition can be accepted and in the interests of justice further proceedings in the crime registered against the petitioners can be quashed. 5. In the result, a) This Crl.M.C is allowed. b) Crime No.300/2008 of Vadakkekkara police station registered against the petitioners alleging offences punishable under Sections 323 and 326 read with 34 I.P.C on the complaint of the second respondent herein is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3026/08 4 Crl.M.C.No.3026/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008