N.K.M. Rasheed v. PKC Ibrahim and State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2594 of 2008() ------------------------cc.244/2007 OF C.J.M COURT, KOZHIKODE PETITIONER: ACCUSED - ------------------- N.K.M.RASHEED, S/O.KASHIMKOYA THANGAL, M.M.ALI ROAD, KOZHIKODE. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.M.MUHAMMED SHAFI ## RESPONDENTS: DEFACTO COMPLAINANT & COMPLAINANT ---------------------------------------------- 1. PKC IBRAHIM, PUNNAKOTTIL HOUSE, CHEMMARATHOOR, VADAKARA, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY ADV. SRI.J.ABHILASH PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ## **R.BASANT, J.** **----------------------** Crl.M.C.No.2594 of 2008 ---------------------------------------Dated this the 15[th] day of July 2008 ## **O R D E R** The petitioner is the first accused in a prosecution for offences punishable inter alia under Section 409 I.P.C. Altogether there were three accused persons. The three accused persons along with the petitioner were allegedly partners in a firm. Complaint was filed by the de facto complainant who had gone abroad. When he returned he found that offences were committed in respect of the partnership constituted by the accused persons and himself. Investigation was conducted. Final report was filed. Cognizance was taken. The petitioner was not available for trial. The coaccused stood trial. They have already been found not guilty and acquitted as per judgment dated 17/11/2007 in C.C.No.101/2005. The case against the petitioner was split up and was renumbered as C.C.No.244/2007. The petitioner has appeared before the court and has been enlarged on bail, it is submitted. At this stage the petitioner and the de facto complainant, that is the first respondent herein, have settled the disputes between them. They submit that the disputes having been settled, it is unnecessary to proceed further with the prosecution in C.C.No.244/07. The co-accused have already been acquitted. The matter has been settled between the Crl.M.C.No.2594/08 2 parties. No useful purpose will be served by the continuance of the prosecution. Some of the offences alleged are noncompoundable; but in view of the harmonious and genuine settlement of the dispute between the petitioner and the first respondent there is no necessity or relevance in the continuance of this prosecution. 2. I am satisfied from the submissions made at the Bar by the learned counsel for the petitioner and the first respondent that there has been a valid and genuine settlement between the parties. If legally permissible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. But the offences alleged include offences which are non-compoundable. The learned counsel for the petitioner and the first respondent in these circumstances rely on the decision in **Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]** . The learned counsel submit that the dispute is one which is absolutely personal and private between the contestants. No useful purpose would be served by the continuance of the prosecution. A common sense approach is bound to be taken untrammeled by technicalities. In these circumstances it is prayed that powers under Section 482 Cr.P.C may be invoked as enabled by the dictum in **Madan** Crl.M.C.No.2594/08 3 ## **Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]** . 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions submits that the State is satisfied that there has been an honest and genuine settlement of the dispute between the parties. The State does not insist that the prosecution must now continue any longer. 4. Having considered all the relevant circumstances I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C, as enabled by the dictum in **Madan** **Mohan** (Supra) can be invoked to bring to premature termination the prosecution against the petitioner. 5. In the result, a) This Crl.M.C is allowed. b) C.C No.244/2007 pending before the learned Chief Judicial Magistrate, Kozhikode against the petitioner herein is hereby quashed. ## **(R.BASANT, JUDGE)** jsr Crl.M.C.No.2594/08 4 The petitioner is the first accused in a prosecution for offences punishable inter alia under Section 409 I.P.C. Altogether there were three accused persons. Two of them have already stood trial, found not guilty and acquitted. The petitioner was not available. The case against him was split up. It is now reported by the petitioner as also the de facto complainant, the first respondent herein that the disputes have been settled. They pray that the dictum in **Madan Mohan Abbot v. State of** Crl.M.C.No.2594/08 5 **Punjab [2008 AIR SCW 2287]** may be invoked to bring to premature termination the surviving prosecution against the petitioner. 2. Notice given. The learned Public Prosecutor shall take instructions. It shall be reported whether the State has any objection against termination of proceedings following the dictum in **Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]** . Call on 15/7/2008. Crl.M.C.No.2594/08 6 ## **R.BASANT, J.** CRL.M.CNo. ORDER 21ST DAY OF MAY2007