IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2313 of 2009()
1. SREEJA, W/O. BIJUMON, 24 YEARS
... Petitioner
2. SILJA,D/O. SIVARAMAN, AGED 22 YEARS
Vs
1. AYSHA, W/O. HAMEED, AGED 45 YEARS,
... Respondent
2. SABIRA, D/O.HAMEED, AGED 22 YEARS
3. THE SUB INSPECTOR OF POLICE
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :AYSHA
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :27/07/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2313 of 2009
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ORDER
Petitioners are the accused in C.C.No.192/2009 on
the file of Judicial First Class Magistrate’s Court,
Chalakudy. Prosecution case is that on 29.9.2008 at
about 9 a.m., in furtherance of their common intention,
petitioners attacked respondents 1 and 2 and inflicted
grievous hurt and thereby committed offences under
Sections 452, 323, 324 and 326 read with section 34 of
Indian Penal Code. Based on Annexure-2 final report,
learned Magistrate took cognizance of the said
offences. This petition is filed under Section 482 of
Code of Criminal Procedure to quash the proceedings
contending that the disputes with respondents 1 and 2
were amicably settled and in such circumstances, it is
not, in the interest of justice, to proceed with the
case.
2. Annexure-3 joint petition was filed under
Section 320 of Code of Criminal Procedure to compound
the offences. As an offence under Section 326 of
Indian Penal Code is not compoundable, permission
cannot be granted to compound the offence. As held by
CRMC 2313/09 2
the Apex Court in Madan Mohan Abbot v. State of Punjab
(2008 (3) KLT 19) and in Manoj Sharma v. State (2008
(4) KLT 417), when the disputes with the injured
defacto complainant were already settled and in view of
the settlement, there is no possibility of a successful
prosecution, it is not, in the interest of justice, to
proceed with the case further and waste the valuable
time of the court.
3. Submissions of the learned counsel appearing
for the petitioners and respondents 1 and 2 and learned
Public Prosecutor establish that there was an amicable
settlement of the disputes between the petitioners and
respondents 1 and 2, the injured in the case. In view
of the settlement, possibility of a successful
prosecution is very bleak. Hence, it is not, in the
interest of justice to continue the proceedings.
Petition is allowed. C.C.No.192/2009 on the file
of Judicial First Class Magistrate’s Court, Chalakudy
as against the petitioners is quashed.
27th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv