IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2290 of 2008(A) ------------------------- (CRIME NO.187 OF 2008 OF THRISSUR, WEST POLICE STATION ) .................... PETITIONERS: -------------- 1. SARAVANAN S., S/O LATE K.SIVARAJAN, SARAHARI NIVAS, KUNDUKAD, CHEMBUKKAVU, THRISSUR. 2. NANDAKUMAR K.R., S/O A.RADHAKRISHNAN, 1/38E, KRISHNA LANE, KANATTUKARA P.O., THRISSUR. 3. PASANTH C.F.,S/O C.D. FRANCIS, CHERUSSERY HOUSE, P.O. MANAKODY, THRISSUR. BY ADV. SRI.KKM.SHERIF SRI.P.M.KUNJUMOIDEENKUTTY SRI.A.A.ZIAYAD RAHMAN SRI.LAL K.JOSEPH RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, THRISSUR TOWN WEST POLICE STATION. 3. SREEMATHI, AGED 45, W/O PRAKASHAN, IRINJIPRAM DESOM, GURUVAYOOR VILLAGE, CHAVAKKADU. 4.SATHYAN, S/O.ACHAPPAN, ONYVAYAL HOUSE KATTIKKULAM VILLAGE, MANANTHAVADY TALUK, WAYANAD. (Addl.4th respondent is impleaded as per order dt.22.07.08 in Crl.M.Appl.No.3913 of 2008) BY SRI. GIKKU JACOB, PUBLIC PROSECUTOR SRI.PHILIP J.VELLIKATTU -FOR R3 SRI.PHILIP J.VETTICKATTU -FOR ADDL.R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2290 of 2008 ------------------------------------- Dated this the 22nd day of July, 2008 ORDER Petitioners face allegations in a crime registered alleging the offences punishable under Section 394 I.P.C. Petitioners claim to be the agents of the I.C.I.C.I bank which had advanced loans to the defacto complainant on the strength of a vehicle. The crux of the allegations is that the said vehicle was taken away using force causing hurt to the driver of the vehicle. The alleged incident took place on 30.04.08. The complaint was promptly laid before the police. The F.I.R was registered. Investigation is in progress. Though in the F.I.R the accused persons are not named, it is submitted that subsequently the petitioners have been arrayed as accused in the crime. The petitioners along with the owner of the vehicle and the driver of the vehicle have come before this Court now to apprise this Court that they have settled all the outstanding disputes between them. It is now submitted that as a matter of fact it was a dispute regarding the repayment of loan and consequent action taken by the bank for enforcement of their right under the agreement. The driver of the vehicle who allegedly had suffered injuries as also the owner of the vehicle Crl.M.C. No.2290 of 2008 2 have come before this Court through the same counsel. The owner of the vehicle had filed a joint statement along with the accused person. Whereas the driver, who is impleaded subsequently, has filed an affidavit to confirm that he has no grievance. 2. I am satisfied from the totality of circumstances that there has been harmonious settlement of the disputes between the accused and the victims. Though the offence alleged is not compoundable, both pray that the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] may be invoked to bring to premature termination the unnecessary continuance of the proceedings against the petitioners. 3. Notice was given. The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor, after taking instructions submits that the State has no objection whatsoever against the invocation of the jurisdiction under Section 482 Cr.P.C to bring to premature termination the proceedings in Crime No.187 of 2008 of Trichur West Police Station. 4. I am satisfied, in the facts and circumstances of this case, that though the offence is not compoundable, Crl.M.C. No.2290 of 2008 3 this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab can, ought to be and deserves to be invoked in favour of the petitioners. 5. In the result: i) This Crl.M.C is allowed; ii) Crime No.187 of 2008 of Trichur West Police Station registered against the petitioners at the instance of the additional 4th respondent on behalf of the 3rd respondent is hereby quashed. Hand over a copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2290 of 2008 4 R.BASANT, J ------------------------------------ Crl.M.C. No.2290 of 2008 ------------------------------------- Dated this the 18th day of June, 2008 ORDER Petitioners face allegations in a crime registered alleging the offences punishable under Section 394 I.P.C. According to them, no offence has been committed by them and the allegation is in respect of a loan transaction in respect of a vehicle. It is submitted that the 3rd respondent has already settled the dispute and compounded the alleged offences committed by the petitioners. In these circumstances, relying on the decision in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW Crl.M.C. No.2290 of 2008 5 2287], it is prayed that premature termination of all further proceedings in Crime 187 of 2008 may be brought about by invoking the jurisdiction under Section 482 Cr.P.C. The counsel undertakes to ensure that the 3rd respondent appears through counsel on the next date of posting and files such joint statement or affidavit to confirm settlement/composition. The learned Public Prosecutor shall take specific instructions as to whether the State has any objection against invocation of the powers under Section 482 Cr.P.C in the light of Madan Mohan Abbot v. State of Punjab. 2. The learned Public Prosecutor undertakes that the petitioners shall not be arrested till the next date of posting. 3. Call on 27.06.08. 4. Hand over a copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) rtr/-