VIBEESH Vs. RADHA

JUDGEMENT

(1.) Petitioners are accused 1 and 2 and they face indictment in a prosecution for offences punishable, inter alia, under S.294(b) and 506(ii) read with 34 IPC. All other offences are legally compoundable. Investigation is complete. Final report has already been filed. Altogether there are three victims in the crime. They are respondents 1 to 3. Cognizance has been taken on the basis of a final report filed by the police after due investigation.

(2.) The petitioners along with respondents 1 to 3 have now come before this Court to apprise this Court of the fact that the parties have settled their disputes and respondents 1 to 3 have compounded the offences allegedly committed by the petitioners. Though some of the offences alleged are not compoundable under S.320 CrPC, the parties have willingly and voluntarily settled their disputes. The extraordinary inherent jurisdiction under S.482 CrPC may be invoked to bring to premature termination the prosecution against the petitioners. It is prayed that the dictum in Madan Mohan Abbot v. State of Punjab, 2008 (2) KHC 589 : 2008 (3) KLT 19 : 2008 (4) SCALE 159 : 2008 (1) KLD 823 : 2008 (4) SCC 582, Nikhil Merchant v. C.B.I., 2008 KHC 6715 : 2008 (3) KLT 769 (SC) : 2008 (11) SCALE 379 and Manoj Sharma v. State, 2008 KHC 4894 : 2008 (4) KLT 417 (SC) : 2008 (14) SCALE 44 may be invoked to terminate the unnecessary and irrelevant continuance of the prosecution against the petitioners.

(3.) Notice was given to the learned Public Prosecutor. The learned Public Prosecutor after taking instructions submits that the State is convinced that the matter has been settled. The dispute is one which is private and personal between the parties. The State has no objection against quashing of proceedings against the petitioners and accepting composition.