Vincent @ Aji v. Claivin Antony and others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Crl.MC.No. 2811 of 2008() ------------------------CRIME NO.462/2007 OF VALIYATHURA POLICE STATION PETITIONER: ------------ VINCENT @ AJI 31 YEARS, S/O.LEON LEON HOUSE,TC.80/1561 BALANAGAR, VETTUKADU, TITANIUM PO., THIRUVANANTHAPURAM. BY ADV. SRI.C.K.MOHANAN RESPONDENTS: ------------- 1. CLAIVIN ANTONY, S/O.ANTONY, SEEMA BHAVAN TC.32/686, VETTUCAUD. 2. JIJIMOL ANTONY, D/O.ANTONY SEEMA BHAVAN, TC.32/686, VETTUCAUD. 3. ANTONY.J., S/O.JOSEPH, SEEMA BHAVAN, TC. 32/686,VETTUCAUD. 4. ELIYAMMA ANTONY, D/O.SIMON, SEEMA BHAVAN VETTUCAUD 5. S.I. OF POLICE, VALIYATHURA POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. - BY ADV. SRI.P.BABU KUMAR FOR R1 TO R4 PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2008, ALONG WITH CRMC NO. 2814 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ## **R.BASANT, J.** **----------------------** Crl.M.C.Nos.2811 & 2814 of 2008 ---------------------------------------Dated this the 5[th] day of August 2008 ## **O R D E R** The petitioners in these two Crl.M.Cs are accused persons in two crimes which are in the nature of a case and a counter case. In both cases crimes have been registered alleging offences punishable inter alia under Section 308 I.P.C. Investigation is in progress. The parties are neighbours. The application for anticipatory bail filed by the petitioners have been rejected. During the pendency of the investigation, parties have settled their disputes. They have appeared through counsel before this court and have filed these petitions. It is submitted that the parties have settled all their outstanding disputes and the victims have compounded the offences allegedly committed by the accused persons. In these circumstances, it is submitted that it is not necessary to continue with the present investigation. The disputes are private and personal between the parties. There is no involvement of public interest or public policy. The continuance of the prosecution will be an unnecessary and wasteful exercise. Though exaggerated allegations under Section 308 I.P.C is also raised, in effect, the Crl.M.C.No.2811 & 2814/2008 2 allegations can constitute an offence under Section 324 I.P.C which is compoundable. In these circumstances, it is prayed that though non-compoundable offences have also been included in the F.I.R, the dictum in **Madan Mohan** (Supra) may be invoked and premature termination of further proceedings in these crimes may be brought about by invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor has taken instructions and it is submitted on behalf of the investigating officer that the parties have now actually settled their disputes and the victims have compounded the offences allegedly committed by the petitioners. But the investigating officer raises objections against the closing of the investigation in the two crimes. 3. The learned Public Prosecutor accepts that the dispute raised in these two cases are in the nature of allegations and counter allegations in respect of an incident which is a purely private and personal one between the parties. The State has no objection against the invocation of the dictum in **Madan Mohan** (Supra) and in bringing to premature termination the proceedings against the petitioners, submits the learned Public Crl.M.C.No.2811 & 2814/2008 3 Prosecutor. 4. Having considered all the relevant inputs I am persuaded to agree that this is an eminently fit case where powers under Section 482 Cr.P.C as enabled by the dictum in **Madan Mohan** (Supra) can be invoked and premature termination of further proceedings in these two crimes can be brought about. 5. In the result, a) This Crl.M.C is allowed. b) Crime Nos.462/2007 and 463/2007 registered at the Valiyathura police station against the petitioners are hereby quashed. **(R.BASANT, JUDGE)** jsr Crl.M.C.No.2811 & 2814/2008 4 The petitioners in these cases are accused in a case and counter case registered in respect of the same incident. Investigation is still pending. Final report has not been filed yet. The learned counsel for the petitioner submits that the parties have settled all their outstanding disputes and that in these circumstances there is no relevance for the continuation of the prosecution against the petitioners. The settlement may be taken note of. The composition may be accepted. Though the offences are legally non-compoundable invoking the powers under Section 482 Cr.P.C as enabled by the dictum in **Madan Mohan Abbot v.** **State of Punjab [2008 AIR SCW 2287]** the proceedings may be quashed in both cases, submits the learned counsel for the petitioners. 2. Notice given. The learned Public Prosecutor shall take specific instructions as to whether there is a bona fide settlement and whether the State has any objection against quashing of the proceedings invoking the jurisdiction under Section 482 Cr.P.C. Call on 31/7/2008. **(R.BASANT, JUDGE)** jsr Crl.M.C.No.2811 & 2814/2008 5 Crl.M.C.No.2811 & 2814/2008 6 ## **R.BASANT, J.** CRL.M.C.No. of 2008 ORDER 09/07/2008