IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2978 of 2008()
1. JACOB JOSE CHACKO, S/O.JOSE, AGED 19 YRS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
2. ABRAHAM DAVID, S/O.DAVID, AGED 22 YEARS,
For Petitioner :SMT.DAISY A.PHILIPOSE
For Respondent :SRI.A.RANJITH NARAYANAN
The Hon'ble MR. Justice R.BASANT
Dated :26/08/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.2978 of 2008
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Dated this the 26th day of August, 2008
ORDER
Petitioner faces allegations in a crime registered alleging
offences punishable, inter alia, under Section 325 r/w 149 I.P.C.
The crime has been registered under Sections 143, 147 and 325
r/w 149 I.P.C. Petitioner is the 1st accused and respondents 4 to
8 are the co-accused along with the petitioner. The crux of the
allegations is that accused persons were members of an unlawful
assembly and they, in prosecution of their common object,
allegedly attacked the defacto complainant and a friend of his, ie.
respondents 2 and 3.
2. During the pendency of the proceedings, the parties
have settled their disputes. The substantive offence punishable
under Section 325 I.P.C is a compoundable offence under
Section 320 Cr.P.C. But in as much as the offences punishable
under Sections 143 and 147 I.P.C are not compoundable and in
as much as complicity is alleged with the help of Section 149
I.P.C, the petitioner apprehends that the learned Magistrate may
not accept the composition and in these circumstances it is
Crl.M.C. No.2978 of 2008 2
prayed that powers under Section 482 Cr.P.C as enabled by the
dictum in Madan Mohan Abbot v. State of Punjab [2008
A.I.R SCW 2287] may be invoked to bring to premature
termination the further proceedings in this crime ie. Crime
No.841 of 2008 of Kalamassery Police Station.
3. Notice was given to the learned Public Prosecutor.
The learned Public Prosecutor submits that the police is
satisfied that there has been a genuine and bona fide voluntary
settlement of the disputes and composition of the offence
allegedly committed by the accused persons against respondents
2 and 3, who are the sole victims in the crime. The learned
Public Prosecutor submits that the composition can be accepted
and the substantive offence having been compounded, the
allegations raised under Sections 143 and 147 I.P.C can now be
closed invoking the dictum in Madan Mohan Abbot v. State
of Punjab.
4. Respondents 2 and 3 on the one hand and the
petitioner and respondents 4 to 8 on the other have appeared
through counsel before this Court and have confirmed that there
has been a bona fide and genuine settlement. Applications for
composition have been filed also.
Crl.M.C. No.2978 of 2008 3
5. Though the substantive offence under Section 325
I.P.C is compoundable under Section 320 Cr.P.C, the offences
alleged under Sections 143 and 147 I.P.C are not compoundable.
Accepting the submissions of the rival contestants and the
learned Public Prosecutor for the State that the dispute is one
which is personal and private between the parties, I am satisfied
that the extraordinary inherent jurisdiction under Section 482
Cr.P.C can be invoked as enabled by the dictum in Madan
Mohan Abbot v. State of Punjab to bring to termination the
further proceedings in pursuance of Crime No.841 of 2008 of
Kalamassery Police Station. In the absence of opposition from
any quarter, I am satisfied that it is not necessary to advert to
facts in any greater detail in this order.
In the result:
i) This Crl.M.C is allowed;
ii) Crime No.841 of 2008 of Kalamassery Police Station is
hereby quashed.
(R.BASANT, JUDGE)
rtr/-