IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2398 of 2008()
1. THOMAS ANTONY, AGED 22 YEARS,
... Petitioner
2. VINUL VENUGOPAL, S/O.VENUGOPAL,
3. JERIN.J.PODIPPARA, S/O.JOSE IMMANUEAL
4. ANOOP SASI, S/O.SASIDHARAN,AGED 22 YEARS
5. NITTU RAVI ABRAHAM, S/O.RAVI ABRAHAM,
Vs
1. THE STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. VISHNU SANKAR, S/O.NARAYANAN POTTI,
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :SRI.M.R.RAJESH
The Hon'ble MR. Justice R.BASANT
Dated :28/08/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.2398 of 2008
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Dated this the 28th day of August 2008
O R D E R
The petitioners herein are accused 1,2 and 6 to 8 in
C.C.No.811/2007 pending before the JFMC-I,
Thiruvananthapuram. Altogether there are eight accused
persons in that crime. Altogether there are seven injured
persons also in that crime. Investigation is complete. Final
report has already been filed. Charges are raised under Sections
143,147,341,323 and 427 read with 149 I.P.C. There was a case
and a counter case. The counter case has already been
withdrawn by the Government, it is submitted. It is at this stage
that the petitioners have come before this court with a prayer
that C.C.No.811/07 pending before the JFMC-I,
Thiruvananthapuram may be quashed invoking 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]. The second respondent is the de facto
complainant. All the seven injured persons/victims have been
brought on the array as respondents 2 to 8. The petitioners,
along with respondents 2 to 8 report to the court that the
Crl.M.C.No.2398/08 2
disputes between them have been settled amicably and that
respondents 2 to 8 do not want any further proceedings against the
petitioners or the other accused to continue. All the substantive
offences alleged are compoundable. Except the allegations raised
under Sections 143 and 147 I.P.C, all other offences are
compoundable. Of course, vicarious liability is alleged invoking
Section 149 I.P.C.
2. The respondents have entered appearance through
counsel. They have filed affidavits which are numbered as
Annexures B to H. The learned counsel on their behalf asserts that
respondents 2 to 8 have no objection whatsoever against the
quashing of proceedings against all accused persons invoking the
extraordinary inherent jurisdiction under Section 482 Cr.P.C.
3. I am satisfied from the averments in the Crl.M.C as also
the affidavits filed by respondents 2 to 8 as Annexures B to H that
there has been a harmonious settlement of the disputes between the
parties. If legally permissible and possible, I am satisfied that the
composition can be accepted and unnecessary continuation of the
further proceedings against the petitioners and the other co-
accused can be brought to termination.
4. Though the offences under Sections 143 and 147 are not
compoundable, I am satisfied that the dictum in Madan Mohan
Crl.M.C.No.2398/08 3
(Supra) can safely be invoked. That decision is authority for the
proposition that an unnecessary technical view should not be taken
by courts in situations like this. Ground realities must be taken note
of. Unnecessary and non-productive continuation of the
proceedings must be discouraged. The judicial time must be put to
optimum and profitable use. Bearing in mind the principles in the
dictum in Madan Mohan (Supra), I am persuaded to agree that
this is an eminently fit case where powers under Section 482 Cr.P.C
can safely be invoked to quash C.C.No.811/07 pending before the
J.F.M.C-I, Thiruvananthapuram against the petitioners herein as
also the other accused.
5. In the result,
a) This Crl.M.C is allowed.
b) C.C.No.811/07 pending before the J.F.M.C-I,
Thiruvananthapuram against the petitioners and the other three co-
accused is hereby quashed.
c) Proceedings under Section 446 Cr.P.C, if any pending
against the petitioners and the co-accused or their sureties shall be
disposed of in accordance with law.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.2398/08 5
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008