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Judgment
P.Q. Barkath Ali, J.—Petitioners are accused Nos. 1 and 2 in Crime No. 780 of 2008 of Chathannoor Police Station coming within the jurisdiction of Judicial First Class Magistrate Court, Paravoor, Kollam District. The allegation against the petitioners is that on 8.11.2008 at about 7.30 p.m. they assaulted the 2nd respondent, the de facto complainant and caused him serious injuries and thereby committed offences punishable under Sections 308 and 324 read with Section 34 of IPC.
It is alleged in the petition that the matter has been compounded between the petitioners and the 2nd respondent and that therefore the proceedings against them may be quashed.
When the petition came up for hearing on 30.12.2009, counsel for the petitioners and the 2nd respondent were present. The 2nd respondent submitted that the matter has been settled.
The offence punishable u/s 308 of IPC is not compoundable. Only the offence punishable u/s 324 of IPC is compoundable. It has been held by the Apex Court in Madan Mohan Abbot v. State of Punjab 2008 (3) KLT 19 that criminal proceedings involving non-compoundable offences can be quashed by accepting the terms of compromise reached between the rival parties, if the question involved in such disputes is purely of a personal nature. In a subsequent decision in Nikhil Merchant v. Central Bureau of Investigation 2008 (3) KLT 769 (SC), the Apex Court has quashed the proceedings on the basis of compromise arrived at between the rival parties where accused persons were charged under Prevention of Corruption Act.
This Court had occasion to consider the above aspect in Baiju Vs. S.I. of Police, and Ettoop Vs. Kunhikannan, and held that even in non-compoundable offences if the parties settle the disputes, the proceedings can be quashed u/s 482 Cr.P.C. in the interests of justice.
In the light of the principles laid down in the above decisions, in the present case also a compromise has been arrived at between the rival parties and the question involved in the dispute is purely of a personal nature. That being so, this petition has to be allowed and the proceedings against the petitioners has to be quashed.
In the result the petition is allowed. The proceedings against the petitioners in Crime No. 780 of 2008 of Chathannoor Police Station is hereby quashed.