K.A. Akber v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT :** **THE HONOURABLE MR. JUSTICE R.BASANT** **FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930** **Crl.MC.No. 2114 of 2008()** **--------------------------------------** **(AGAINST JUDGMENT DATED 30/05/2008 IN C.C.NO.415/07 OF J.F.C.M., KODUNGALLUR)** ## **PETITIONER: 3RD ACCUSED:** **-------------------------------------------** **SRI.K.A.AKBER, S/O.ABDUL KARIM, KUNNATH (H), KOZHIKKADA, KODUNGALLOOR, THRISSUR DISTRICT.** **BY ADV. SRI.JOHN K.GEORGE SRI.P.K.VARGHESE** **RESPONDENT(S): COMPLAINANT:** **----------------------------------------------------** **1. STATE OF KERALA, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA.** ***ADDL.R2 & R3 IS IMPLEADED:** - **R2. OMANA, D/O.SUBRAMANIAN, VALLMPARAMBATH, CHENNAPPARA DESOM, OPP.K.J.HOSPITAL, KONDUNGALLUR, NOW RESIDING AT VALLAMPARAMBATH, PANIKKASSERY, BEHIND MODERN HOSPITAL, NEAR ANGANVADI, KONDUNGALLUR, PIN – 680 664.** - **R3. GEETHA (TEACHER), D/O.SANKARANKUTTY, VILLWAMANGALATH HOUSE, CHANDAPPURA DESOM, OPP.K.J.HOSPITAL, KONDUNGALLUR, NOW RESIDING AT VILLWAMANGALATH HOUSE, NORTH LOKAMALLESWARAM, VAYALAR, KONDUNGALLUR, PIN – 680 664.** - **(*ADDL.R2 & R3 ARE IMPLEADED AS PER ORDER DTD. 13/08/08 IN CRL.M.P.NO.4251/08 IN CRL.M.C.NO.2114/08)** **BY PUBLIC PROSECUTOR SRI. S.U. NAZAR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** _Kss_ ## **R.BASANT, J.** **----------------------** Crl.M.C.No.2114 of 2008 ---------------------------------------Dated this the 26[th] day of September 2008 ## **O R D E R** The petitioner, along with the co-accused, faces indictment in a prosecution for offences punishable inter alia under Sections 452 and 354 read with 149 I.P.C. Final report was filed. Cognizance was taken by the learned Magistrate. At that stage, a further investigation under Section 173(8) Cr.P.C was conducted by the police in accordance with law and after such investigation, a further final report was filed to apprise the court that the petitioner herein/third accused has to be dropped from the array of accused. No specific orders were passed on that further final report. Trial proceeded against the co-accused. No action was taken against the petitioner in that case, that is C.C.No.415/2007. At the end of the trial in C.C.No.415/2007, all the available accused (all the other 13 accused except the petitioner herein) were found not guilty and acquitted. Taking note of the fact that the proceedings against the petitioner/third accused has not been disposed of, the learned Magistrate Crl.M.C.No.2114/08 2 directed that the case against him be refiled. Accordingly, the case stood refiled as C.C.No.421/2008. When the petitioner received summons, he came to this court with this petition under Section 482 Cr.P.C to quash the proceedings against him. 2. A perusal of the records revealed that no specific orders were passed on the further final report submitted by the Deputy Superintendent of Police. The learned Magistrate was directed to consider such report and pass appropriate orders after hearing all concerned. The learned Magistrate, by the impugned order, rejected such further final report and directed that the proceedings against the petitioner must continue. At this stage, the de facto complainants/victims were brought on the array of accused as the additional second and third respondent. Additional respondents 2 and 3 are the de facto complainants/victims in the crime. They have now entered appearance and filed affidavits to confirm that they have settled the disputes and they do not want the proceedings against the petitioner to continue. In fact, the affidavits show that the petitioner herein had no role in the alleged crime and the additional respondents 2 and 3 hence have no grievance against Crl.M.C.No.2114/08 3 the petitioner. In the light of that circumstance which has come into existence after filing the Crl.M.C, it is prayed that powers under Section 482 Cr.P.C may be invoked as enabled by the dictum in **Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]** to bring to premature termination the proceedings against the petitioner. 3. It is unnecessary for me now to consider whether the refusal of the learned Magistrate to accept further final report under Section 173(8) Cr.P.C is justified or not. This case can be disposed of on the basis of the assertion that respondents 2 and 3 have settled the disputes with the petitioner and they have compounded the offences allegedly committed by the petitioner though the alleged offences include non-bailable offences. This specific assertion shows that the petitioner has no complicity at all. Respondents 2 and 3 are represented by their counsel. The counsel confirms that there has been a genuine, bona fide and voluntary settlement of the disputes between the additional respondents 2 and 3 and the petitioner herein and they have no grievance whatsoever against the petitioners. Crl.M.C.No.2114/08 4 4. I am, in these circumstances satisfied that this is an eminently fit case where the composition by additional respondents 2 and 3 can be accepted and as enabled by the decision in **Madan Mohan** (Supra), proceedings against the petitioner can be brought to premature termination. 5. In the result, a) This Crl.M.C is allowed. b) C.C.No.421/2008 pending against the petitioner herein before the learned J.F.C.M, Kodungalloor is hereby quashed. **(R.BASANT, JUDGE)** jsr Crl.M.C.No.2114/08 5 Crl.M.C.No.2114/08 6 ## **R.BASANT, J.** CRL.M.C.No. of 2008 ORDER 09/07/2008