IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4946 of 2010() ------------------------ CC.179/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA CRIME NO. 1150/09 OF THODUPUZHA POLICE STATION, IDUKKI ................... PETITIONER / ACCUSED: ------------------------------------ JAMES KURIAKOSE, S/O.KURIAKOSE, VILANGATTUSERIL, ROBIN VILLA, CHETHIPUZHA, KOTTAYAM DT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS / STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION. 3. PRASANTH THOMAS, S/O.THOMAS, PULIYANAL VEETTIL, RIVER VIEW BHAGAM, THODUPUZHA VILLAGE, THODUPUZHA. 4. BINCY P AUGUSTINE, D/O AUGUSTINE, PULIKKATTIL VEEDU, VENMATTOM KARA, VANNAPPURAM VILLAGE. 5. SWAPANA ABRAHAM, W/O.BIJO P AUGUSTINE, PULIKKATTIL VEEDU, VENMATTOM KARA, VANNAPPURAM VILLAGE, REPRESENTED BY POWER OF ATTORNEY HOLDER, SONY ABRAHAM, MOKKUNNEL HOUSE, PALLIKKUMURY, KARIMANNOOR. 6. ANBIN P AUGUSTINE,W/O.BINSON P AUGUSTINE, PULIKKATTIL VEEDU, VENMATTOM KARA, VANNAPPURAM VILLAGE. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R3 TO R6 BY ADV. SMT.BINITHA JAMES THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4946 OF 2010 --------------------------------------------- Dated 20th December, 2010 O R D E R Petitioner is the accused in C.C.179/2009 on the file of Chief Judicial Magistrate's Court, Thodupuzha now pending as L.P.30/2010, taken cognizance for the offence under Section 420 of Indian Penal Code on Annexure-A2 final report in Crime No.1150/2009 registered under Annexure-A1 FIR, based on a complaint filed by third respondent. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled with respondents 3 to 6. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Offence under Section 420 of Indian Penal Code is compoundable. When the offence is Crmc 4946/10 2 compoundable, it is not for this Court to exercise the inherent power under Section 482 of Code of Criminal Procedure, as the person who is entitled to compound the offence is to approach the learned Magistrate to compound offence. Learned counsel appearing for the petitioner submitted that in such a case, learned Magistrate may insist for the presence of the petitioner, who is not in India. 4. When the offence is compoundable and the persons who are competent to compound the offence appear before the learned Magistrate, Magistrate not to insist for the presence of the accused granting permission to compound the offence. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.