Sameer vs Manager on 19 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2996 of 2008()


1. SAMEER, S/O.MOIDU, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. MANAGER, MANTHARATHOOR CO-OP. RURAL
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.ZUBAIR PULIKKOOL

                For Respondent  :SRI.SUDHEESH.A.

The Hon'ble MR. Justice R.BASANT

 Dated :19/08/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     Crl.M.C. No.2996 of 2008
                      -------------------------------------
              Dated this the 19th day of August, 2008

                                  ORDER

Petitioner was the 4th accused and he faced indictment along

with 4 others for offences punishable under Sections 143, 147,

148 and 427 r/w 149 I.P.C. The petitioner was not available for

trial. 3 of the remaining 4 co-accused faced trial. They were

found not guilty and acquitted. Thus 3 of the 5 co-accused have

already been acquitted. The petitioner has come to this Court at

this juncture along with the defacto complainant to report to the

Court the fact that the disputes between the parties have been

settled and the substantive compoundable offence punishable

under Section 427 I.P.C has already been compounded and the

matter settled between the parties. In these circumstances it is

prayed that the 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 and the proceedings may be

brought to premature termination. The defacto complainant has

appeared through counsel and confirms that the matter has been

settled between the parties.

Crl.M.C. No.2996 of 2008 2

2. Notice was given to the learned Public Prosecutor.

The learned Public Prosecutor also reports that the matter is

settled and the State has no objection against quashing of

proceedings against the petitioner invoking the dictum in Madan

Mohan Abbot v. State of Punjab.

3. I am satisfied, in the facts and circumstances of this

case, that this is an eminently fit case where the powers under

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

Abbot v. State of Punjab, can be invoked to bring to

premature termination the surviving prosecution against the

petitioner.

4. In the result:

i) This Crl.M.C is allowed;

ii) C.C.No.213 of 2007 in so far as it relates to the

petitioner/original 4th accused is hereby quashed.

(R.BASANT, JUDGE)
rtr/-