IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4032 of 2009()
1. NISHAD , S/O. MAKKAYI IBRAHIM,
... Petitioner
2. SHEEMEEM, S/O. SULAIMAN,
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. SUDARSANAN, S/O. RAJAN,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.RAFEEK. V.K.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Crl.M.C.NO.4032 OF 2009
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Dated 22nd December 2009
O R D E R
Petitioners are the accused and
third respondent, the de facto complainant
in C.C.609/2003 on the file of Judicial
First Class Magistrate, Alathur taken
cognizance for the offences under Section
326 read with Section 34 of Indian Penal
Code. Prosecution case is that on the
night of 18/5/2003 at about 7.30 p.m, due
to the previous enmity, petitioners in
furtherance of their common object beat
third respondent, while he was walking
towards Kariyangadu and caused grievous
hurt to him and thereby committed the
offence under Section 326 of Indian Penal
Code. Petition is filed under Section 482
Crmc 4032/09
2
of Code of Criminal Procedure to quash
Annexure-I final report and the cognizance
taken and proceedings pending before the
learned Magistrate contending that the entire
disputes were settled with third respondent
and in view of the settlement, it is not
interest of justice to continue the
prosecution.
2. Third respondent appeared through
the counsel and filed a joint petition with
the petitioners stating that they have
settled the entire disputes and third
respondent has no subsisting grievance
against the petitioners and hence permission
is to be granted to compound the offence.
3. Learned counsel appearing for the
petitioners, third respondent and learned
Public Prosecutor were heard.
Crmc 4032/09
3
4. Offence under Section 326 of
Indian Penal Code is not compoundable and
hence permission cannot be granted to
compound the offence as sought for in
Crl.M.A.6880/2009. Permission to compound the
offence sought for is rejected.
5. Annexure-I final report
establishes that offence alleged against the
petitioners is purely personal in nature as
against the third respondent. Annexure-II
joint agreement entered into by the
petitioners and third respondent establishes
that their disputes were settled amicably out
of court. Joint petition filed by
petitioners and third respondent further
establishes that consequent to the settlement
third respondent has no subsisting grievance
as against petitioners. Though offence under
Crmc 4032/09
4
Section 326 of Indian Penal Code is not
compoundable, as held by the Apex court in
Madan Mohan Abbot v. State of Punjab (2008
(3) KLT 19 (SC) when the offence alleged
against the accused is purely personal in
nature as against third respondent and there
has been a complete settlement of the dispute
between them, it is not in the interest of
justice to continue the prosecution as
ultimately chances of a successful
prosecution is very bleak.
In such circumstances, petition is
allowed. C.C.609/2003 on the file of
Judicial First Class Magistrate, Alathur is
quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.