Judgment · High Court

S. S. SATHEESACHANDRAN, J.=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=Cr. M.C. No. 1041 of 2012 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=Dated this the 21st day of June, 2012O R D E RPetitioner is the de facto complainant in C.C.No.486/2009 on the file of the Judicial Magistrate of theFirst Class-I, Pathanamthitta. After investigation of thecrime, report was filed under section 173(2) of the Cr.P.C.indicting accused three in numbers, respondents 2 to 4 inthe petition, for offences punishable under sections 447,427, 323, 324 read with section 34 IPC. Petitioner/de factocomplainant has filed the petition under section 482 Cr.P.C.for quashing the criminal proceedings arising fromAnnexure-III report filed by the police. Disputes giving riseto the complaint have been amicably settled by the partiesand pursuant thereto another crime registered against thefamily members of the petitioner, Crime No.834/2009 of thePathanamthitta Police Station, which was numbered asC.C.No.249/2009 on the file of the Chief Judicial Magistrate, Pathanamthitta, after trial, has ended in acquittal of the CRMC 1041/20122accused therein, is the case of the petitioner. Exceptoffence under section 324 IPC imputed under Annexure-3report, the other offences are compoundable with thepermission of the court. When that being so, if settlementhas been effected by the parties, it is open to them to seekfor composition of the offences including the offence undersection 324 IPC before the magistrate moving anapplication under section 320 Cr.P.C. If there is asettlement between the parties, too much significance neednot be attached to the offence under section 324 of thePenal Code, when it is imputed of having arisen from thesame transaction, and, that too, when another crimeregistered against some of the family members of thepetitioner/de facto complainant is stated to have ended inacquittal pursuant to settlement of the disputes by theparties. Any how these matters have to be considered bythe magistrate, if any such application is moved forcomposition of the offences. Whether there is a settlementbetween the parties and if so whether composition of the CRMC 1041/20123offence can be recognized is a matter that can be decidedonly after due enquiry by the magistrate. Inherentjurisdiction of this Court cannot be invoked for quashing thecriminal proceedings as canvassed for. Subject to the observations made above, the petitionis dismissed.S. S. SATHEESACHANDRAN, JUDGE mn