CRL.MC No. 3892 of 2009 · Kerala High Court

BY ADVS. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, MR.K.RAVI (PARIYARATH). RESPONDENT/COMPLAINANT AND STATE OF KERALA: -------------------------------------------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 3892 OF 2009 ------------------------------------------ Dated 14th December 2009

O R D E R First petitioner is the accused and second petitioner, the de facto complaint, in crime No.134/2009 of Chalakudy police station. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings. Learned counsel appearing for petitioners and learned Public Prosecutor submitted that final report has already been submitted before the court and learned Judicial First Class Magistrate, Chalakudy has taken cognizance for the offence under Sections 403 and 406 of Indian Penal Code as C.C.581/2009.

Offences under Sections 403 and 406 of Indian Penal Code are compoundable offences, as provided under Section 320 of Code of Criminal Procedure. When offences are compoundable, it is not for this court to exercise the extra ordinary inherent jurisdiction under Section 482 of Code of Criminal Procedure to quash the proceedings. Parties are Crmc 3892/09 2 entitled to approach the learned Magistrate for compounding offence. If complainant appears and seeks permission for compounding the offence, I do not find any reason to insist for the presence of the accused for granting permission to compound the offence. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.