IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4031 of 2008()
1. REHMAN, S/O.ANZAR, AGED 21 YEARS
... Petitioner
2. SAJEEV, S/O.T.M.SALI
3. ANZAR, S/O.ABDUL VAHID, 23 YEARS
4. REX, S/O.ABDUL REHIM,
5. RAJA, S/O.ABDUL REHMAN KUNJU
Vs
6. RIYAZ, S/O.SHAMSUDHEEN,
... Respondent
7. FAYAZ, S/O.ISMAIL
1. STATRE OF KERALA REP. BY PUBLIC
2. BEEVA SIRAJ, D/O.NASEEMA BEEVI, AGED 36
For Petitioner :SRI.S.RAJEEV
For Respondent :SRI.VINOD KUMAR.C
The Hon'ble MR. Justice R.BASANT
Dated :14/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 4031 of 2008
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Dated this the 14th day of November, 2008
ORDER
The petitioners face indictment in a prosecution for
offences punishable, inter alia, under Secs.341, 354 and 324
read with Sec.149 IPC. All those substantive offences are
compoundable. They face allegations under Sec.143 and 147
IPC also. Those offences are not compoundable. Altogether
there are 7 petitioners. They are the only accused in the
crime. There are two victims in the crime i.e., C.Ws.1 and 2.
C.W.1 is arrayed as the 2nd respondent herein. C.W.2 is no
more. Her legal representative – her husband, has now been
arrayed as the additional 3rd respondent.
2. The learned counsel for the petitioners prays, the
learned counsel for respondents 2 and 3 accepts the said
request and the learned Public Prosecutor concedes that the
Crl.M.C. No. 4031 of 2008 -: 2 :-
prosecution against the petitioners can now be quashed invoking
the jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum
in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW
2287); Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) and
Manoj Sharma v. State (2008 (4) KLT 417) inasmuch as
respondents 2 and 3 have compounded the offences and the
parties have settled all their outstanding disputes.
3. I am satisfied that this is an eminently fit case where the
jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in
the three decisions referred above can profitably be invoked to
bring to premature termination the prosecution against the
petitioners. It is submitted that the investigation has already
completed and final report has been filed. Cognizance has been
taken as C.C.No.712/07 pending before the learned Judicial
Magistrate of the First Class-II, Attingal.
4. In the result:
(a) This Crl.M.C. is allowed.
(b) C.C.No.712/07 pending before the learned Judicial
Magistrate of the First Class-II, Attingal, against the petitioners
herein is hereby quashed.
(c) Needless to say, the proceedings, if any, pending
Crl.M.C. No. 4031 of 2008 -: 3 :-
against the petitioners and the sureties under Sec.446 Cr.P.C.
shall be disposed of by the learned Magistrate in accordance
with law.
SD/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge