Crl.M.C.No.2897 of 2008

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Crl.MC.No. 2897 of 2008() ------------------------CRIME NO.561/2000 OF VADAKARA POLICE STATION PETITIONER: ACCUSED NOS 1 TO 3 ------------------------------ 1. FAISAL, S/O.AMMED, AGED 32 YEARS, THALAKKOTTIL HOUSE, THIRUVALUR AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. ASHARAF, S/O.ABDULLA, AGED 32 YEARS, MEETHALEKKANDI HOUSE, THIRUVALLUR AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 3. SAMEER, S/O.MOIDU, AGED 30 YEARS, PULIYARAMBATH HOUSE, THIRUVALLUR AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENTS: COMPLAINANTS ------------------------- 1. CHERUVAMBARATH HARIDASAN, S/O.KRISHNAN NAIR, AGED 41 YEARS, CHERUVANNUR VILLAGE, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. STATE OF KERALA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI.SUDHEESH.A. FOR R1 PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ## **R.BASANT, J.** **----------------------** Crl.M.C.No.2897 of 2008 ---------------------------------------Dated this the 6[th] day of August 2008 ## **O R D E R** Petitioners are accused 1 to 3 and they, along with the fourth accused faced indictment for an offence punishable under Section 436 read with 34 I.P.C. Investigation was completed and final report was filed. Cognizance was taken of the offences punishable under Sections 457 and 435 read with 34 I.P.C. The petitioners were not available for trial. The fourth accused, who alone was available, faced trial. After trial, he was found not guilty and acquitted by the learned Chief Judicial Magistrate, Kozhikode as per Annexure 1 judgment. The case against the petitioners has been split up and refiled as C.C.No.270/2005. The same is now pending before the learned Chief Judicial Magistrate. 2. At this stage, the petitioners along with the first respondent have come before this court to apprise this court of the fact that the disputes between them have been settled and compromised. The first respondent has compounded the offences allegedly committed by the petitioners. The petitioners as well as the first respondent pray that though the offences alleged are not compoundable, the dictum in **Madan Mohan** Crl.M.C.No.2897/08 2 **Abbot v. State of Punjab [2008 AIR SCW 2287]** may be imported and the powers under Section 482 Cr.P.C may be invoked to bring to premature termination the surviving prosecution against the petitioners. It is pointed out that even before the court which rendered Annexure 1 judgment it was very evident that the de facto complainant/first respondent has no grievance surviving. Continuance of the prosecution against the petitioners would be an empty and meaningless formality and will result only in needless waste of the court's time and resources. The first respondent has settled the matter and the dispute is one which is purely personal and private between the first respondent and the petitioners. There is absolutely no necessity to continue with the proceedings. Ground realities may be taken into account. Insistence may not be made on technicalities. Proceedings may be brought to premature termination, it is prayed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the prayer for premature termination of the proceedings against petitioners by invoking powers under Section 482 Cr.P.C. Crl.M.C.No.2897/08 3 4. I have considered all the relevant inputs. I am satisfied from Annexure 6 affidavit filed by the first respondent, from the averments made in the Crl.M.C and the submissions made by the learned counsel for the first respondent that the parties have willingly and voluntarily settled their disputes. There has been a genuine and voluntary settlement, I am satisfied. If legally permissible and possible, I am satisfied that premature termination of the proceedings can be brought about. The learned counsel for the petitioners, according to me, is correct in the reliance placed by him in the dictum in **Madan Mohan** (Supra). This dispute, it is seen, is purely personal and private between the parties. The accused persons had allegedly entered into the premises of the first respondent and had indulged in the alleged mischief and caused damage by fire to properties kept in such premises. The first respondent has compounded the offence and I am satisfied that the same can be accepted. 5. It is submitted that the cases of the three petitioners herein are pending before different courts bearing different numbers consequent to certain mistake committed by the court. Crl.M.C.No.2897/08 4 As against the first petitioner/first accused, the case is pending before the Sessions Court, Kozhikode as S.C.No.318/2008. As against the second petitioner/second accused proceedings are pending before the learned Chief Judicial Magistrate, Kozhikode as C.C.No.251/2007. As against the third petitioner/third accused the case is still pending as C.P.No.80/2003 before the learned Judicial First Class Magistrate Court, Vadakara. All these cases are taken on the basis of a final report filed in crime No.561/2000 of Vadakara police station. 6. In the result, a) This Crl.M.C is allowed. b) All further proceedings pending against the petitioners in pursuance of final report in crime No.561/2000, that is S.C.No.318/2008 pending before the Sessions Court against the first accused; C.C.No.251/2007 pending before the learned Chief Judicial Magistrate, Kozhikode against the second accused and C.P.No.80/2003 of the third accused pending before the learned J.F.C.M, Vadakara are all hereby quashed. ## **(R.BASANT, JUDGE)** jsr Crl.M.C.No.2897/08 5 Crl.M.C.No.2897/08 6 ## **R.BASANT, J.** CRL.M.C.No. of 2008 ORDER 09/07/2008