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Joseph vs State Of Kerala on 30 October, 2008

Kerala High Court
Joseph vs State Of Kerala on 30 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3478 of 2008()


1. JOSEPH, 37 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. SUB INSPECTOR OF POLICE, PUTHUKKAD

3. K.C.ANTONY, KORATH HOUSE,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :30/10/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                     Crl.M.C.No.3478 of 2008
                    ----------------------------------------
             Dated this the 30th day of October 2008

                               O R D E R

The petitioner and the fourth respondent face allegations in

a crime registered alleging the offence punishable under Section

392 I.P.C. The crux of the allegations is that the de facto

complainant who had voluntarily got into a car and had travelled

along with the accused persons was allegedly robbed of a gold

chain which he had in his possession. Crime was registered.

Investigation is in progress. In the course of the investigation,

parties have settled their disputes. They have come before this

court to apprise the court of the fact that the disputes having

been settled between them, they may be saved of the

unnecessary and undeserved trauma of continuance of the

proceedings. The petitioner had initially arrayed only the third

respondent, that is the de facto complainant as a party. Later, in

the course of the proceedings, the fourth respondent/first

accused has also been arrayed as party. The third respondent

has entered appearance through counsel. He has filed an

affidavit to confirm that he has settled his disputes with both the

Crl.M.C.No.3478/08 2

accused persons. The fourth respondent has not entered

appearance. In these circumstances, the counsel pray that the

extraordinary inherent jurisdiction under Section 482 Cr.P.C as

enabled by the dictum in Madan Mohan Abbot v. State of

Punjab [2008 AIR SCW 2287] and Nikhil Merchant v.

Central Bureau of Investigation [2008(3) KLT 769(SC)]

may be invoked to bring to premature termination the

proceedings initiated by the registration of crime No.425/2008.

2. Notice was given to the learned Public Prosecutor.

The learned Public Prosecutor does not oppose the application.

The learned Public Prosecutor submits that the State has no

objection against quashing of proceedings. The dispute is one

which is purely personal and private between the parties. The

friends were travelling in a car and consumed alcohol. The

incident occurred in the course of such activity between the

friends. In these circumstances, the State has no objection

against quashing of further proceedings in that crime, submits

the learned Public Prosecutor.

3. Having considered all the relevant circumstances, I

am satisfied that the parties have voluntarily and willingly

Crl.M.C.No.3478/08 3

settled all their disputes and that the third respondent has

compounded the offences allegedly committed by the petitioner

and the fourth respondent herein.

4. The learned Public Prosecutor further confirms that

the accused persons are not involved in any similar offence. The

dispute between the parties appear to be purely private and

personal one. No public interest or interest of public justice is

involved also. The proceedings can hence be brought to

premature termination by invoking the jurisdiction under Section

482 Cr.P.C as enabled by the dictum in Madan Mohan and

Nikhil Merchant (Supra).


      5.    In the result,

      a)    This Crl.M.C is allowed.

      b)    Crime No.425/2008 of Pudukkad police station

registered under Section 392 I.P.C against the petitioner herein

and the fourth respondent is hereby quashed.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3478/08 4

Crl.M.C.No.3478/08 5

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008

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