IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2509 of 2008()
1. RAMESH, AGED 32 YEARS,S/O.CHELLA MUTHU,
... Petitioner
2. CHELLAMUTHU, AGED 52 YEARS,
Vs
1. EASHWARA MURHTHI, AGED 36 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY GOVT
For Petitioner :SRI.T.R.S.KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/08/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.2509 of 2008
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Dated this the 14th day of August 2008
O R D E R
Petitioners – son and father face indictment in a prosecution
for the offences punishable under Sections 381 and 411 read with
34 I.P.C. Investigation is completed. Final report has already
been filed in crime No.391/2004 of Thodupuzha police station and
cognizance was taken. It is submitted that the case was pending
before the learned Magistrate as L.P.No.15/08. The same has
subsequently been recalled and the same is pending as
C.C.No.473/2008 (and not C.C.No.418/08 as shown in the petition)
before the learned J.F.C.M Court-I, Thodupuzha. During the
pendency of the proceedings parties have settled the disputes.
Allegations are raised in respect of non-compoundable offences.
But the parties have settled their disputes and they have come to
this court with a prayer that powers under Section 482 Cr.P.C as
enabled by the dictum in Madan Mohan Abbot v. State of
Punjab [2008 AIR SCW 2287] may be invoked to bring to
premature termination the proceedings against the petitioners.
2. The first petitioner was employed as a servant of the
first respondent herein. The second petitioner/accused is the
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father of the first petitioner/accused. The crux of the allegations is
that an amount of Rs.48,000/- was stolen by the first petitioner/
accused from the possession of his employer, the first respondent
and that the second petitioner/accused kept the same in his
possession knowing the same to be stolen property.
3. The first respondent has entered appearance through
counsel. The learned counsel for the petitioners and the
respondent submit that the disputes have been settled between the
parties and that the second respondent has no surviving grievance
whatsoever against the petitioners. It is submitted that actually
the dispute was one relating to employment and the act
complained of was performed in the course of such employment by
the first petitioner. The first respondent has already been
compensated adequately. A joint statement has been filed by the
petitioners and the first respondent duly countersigned by their
counsel. It is prayed that the settlement may be taken note of and
the composition by the first respondent may be accepted.
4. The learned counsel for the first respondent confirms
that the matter has been settled and that the de facto complainant
has compounded the offence and has affixed his signature in the
joint statement.
5. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor submits that the State has no objection
Crl.M.C.No.2509/08 3
against the invocation of the dictum in Madan Mohan (Supra) in
bringing to premature termination the proceedings against the
petitioners.
6. I am satisfied in the facts and circumstances of this case
that this is an eminently fit case where the dictum in Madan
Mohan (Supra) can be invoked and the proceedings against the
petitioners can be brought to termination by invoking the
extraordinary inherent jurisdiction under Section 482 Cr.P.C. The
dispute is one relating to employment of the first petitioner by the
first respondent and I am satisfied that as held in Madan Mohan
(Supra) the futility of continuance of the proceedings and the fact
that the purely personal dispute between the parties has been
settled can be taken note of.
7. In the result,
a) This petition is allowed.
b) C.C.No.473/2008 (L.P.No.15/08) pending before the
J.F.C.M-I, Thodupuzha against the petitioners herein is hereby
quashed. Proceedings under Section 446 Cr.P.C, if any pending,
shall be disposed of in accordance with law.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008