IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3287 of 2008()
1. SANTHOSH, AGED 24, S/O. REGHU,
... Petitioner
2. SHIBU, AGED 26, S/O. KUNJEKKAN,
Vs
1. RAJEEV, AGED 39,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :SRI.BIJU .C. ABRAHAM
The Hon'ble MR. Justice R.BASANT
Dated :06/10/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3287 of 2008
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Dated this the 6th day of October 2008
O R D E R
This petition is filed by petitioners who are accused 2 and 3 in
a crime registered at the Kattoor police station alleging offences
punishable inter alia under Section 452 I.P.C. All other offences
alleged except the offence under Section 452 I.P.C are
compoundable. Investigation is in progress. At this stage, the
petitioners have come before this court to apprise this court of the
fact that the first respondent who is the only injured/victim in this
case has settled the disputes with the petitioners and has now
compounded all the offences allegedly committed by the petitioners.
Altogether there are three accused persons, it is submitted by the
petitioner and confirmed by the learned Public Prosecutor. The first
accused was later on arrayed as additional third respondent. The
petitioner as well as respondents 1 to 3 now submit before court
that the disputes between them have all been settled and that the
first respondent/ de facto complainant/victim has compounded all
the offences allegedly committed by the accused persons including
the offence punishable under Section 452 I.P.C. Though the offence
under Section 452 I.P.C is not compoundable, the learned counsel
pray that the settlement and the composition may be accepted and
Crl.M.C.No.3287/08 2
the proceedings against accused 1 to 3 that is the petitioners and
the third respondent herein may be quashed invoking the
jurisdiction under Section 482 Cr.P.C as enabled by the dictum in
Madan Mohan Abbot v. State of Punjab [2008 AIR SCW
2287].
2. The first respondent has now entered appearance
through counsel to confirm that the disputes between him and all
the three accused persons have been settled and that he has
compounded all the offences allegedly committed by the petitioners
herein and the third respondent. A joint statement has been filed by
the petitioners herein (accused 2 and 3) and the first respondent.
Later, an affidavit has also been filed as Annexure IV by the first
respondent to confirm that he has settled the disputes with all the
accused.
3. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor submits that the investigation is not
complete. The State has no objection against acceptance of the
composition and consequent quashing of proceedings, it is
submitted.
4. The offence under Section 452 I.P.C is not
compoundable. The learned counsel for the petitioners and
respondents 1 and 3, in these circumstances, pray that
notwithstanding the fact that the said offence is not compoundable,
Crl.M.C.No.3287/08 3
the composition may be accepted as enabled by the dictum in
Madan Mohan (Supra). The dispute is one which is purely private
and personal between the parties. Composition has been effected.
No useful outcome is likely to be achieved if the investigation and
trial were to continue. The interests of optimum use of judicial time
may be taken into consideration and proceedings may be quashed,
it is submitted.
5. I am satisfied from the totality of circumstances available
in this case that the parties have willingly and voluntarily settled all
the disputes and 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 safely be invoked to prematurely terminate the
further proceedings in crime No.209/2008 of Kattoor police station
registered against the petitioners herein and the third respondent.
In the absence of opposition it is not necessary for me to advert to
facts in any greater detail.
6. In the result,
a) This Crl.M.C is allowed.
b) Crime No.209/08 of Kattoor police station registered
inter alia under Section 452 I.P.C against the petitioners herein and
the third respondent is hereby quashed.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.3287/08 5
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008