High Court Kerala High Court

Arun.R vs State Of Kerala Represented By on 18 March, 2009

Kerala High Court
Arun.R vs State Of Kerala Represented By on 18 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 655 of 2009()


1. ARUN.R, AGED 24 YEARS, S/O.RAVEENDRAN,
                      ...  Petitioner
2. PRAMOD.P.G., AGED 25 YEARS,
3. PREMSANKAR, AGED 26 YEARS,
4. ARUN.G, AGED 25 YEARS, S/O.GOPINATHAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. RAJ ANAND, AGED 23 YEARS,

3. VIMAL.V, AGED 24 YEARS,

4. JIJU BABU, AGED 21 YEARS,

                For Petitioner  :SRI.BABU KARUKAPADATH

                For Respondent  :SRI.M.R.DHANIL

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :18/03/2009

 O R D E R
                      M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                 CRL.M.C. NO. 655 OF 2009
             = = = = = = = = = = = = = = =
        Dated this the 18th day of March, 2009.

                           O R D E R

This petition is filed with a prayer to quash all further

proceedings in C.C.95/07 of the Chief Judicial Magistrate

Court, Thiruvananthapuram. The allegation against the

accused are u/Ss.143, 147, 148, 341, 323 and 324 IPC. The

defacto complainant and two other injured have filed a

compounding petition whereby they had agreed to compound

the offence and had further stated that they did not have any

grievance against the petitioners and therefore they have no

objection in quashing the proceedings in C.C.95/07. It is

true that some of the offences alleged are non-

compoundable offences. When such is the situation in the

light of the decision of the Apex Court when the Court finds

that there is no point in permitting the litigation to continue

and that the grievance is of a personal nature and that the

parties have compounded the matter the power u/s 482 can

be invoked for the purpose of quashing the complaint. Here

Crl.M.C. 655 OF 2009
-:2:-

they have amicably settled the case and they do not want

further action in the matter. So invoking jurisdiction u/s 482

Cr.P.C. I find that circumstances exist to quash the

proceedings and therefore the Crl.M.C. is allowed and all

further proceedings in C.C.95/07 of the Chief Judicial

Magistrate Court, Thiruvananthapuram is quashed.

M.N. KRISHNAN, JUDGE.

ul/-