IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Crl.MC.No. 2276 of 2009() ------------------------------------ CRIME NO.694/2008 OF MUNAMBAM POLICE STATION. ............. PETITIONERS/ACCUSED. ------------------------------------ 1. SEBASTIAN,S/O.LONI, MATTAKKAL HOUSE, PALLIPPET P.O., ERNAKULAM DISTRICT. 2. VIPIN, S/O.BAIJU, VALIYAVEETTIL HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT. 3. TENSON THOMAS, S/O.THOMAS, KADAYAPARAMBIL HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT. 4. LIJEN, S/O.BAIJU, VALIYAVEETIL HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT. 5. PHINSON, S/O.STEPHEN,ACKAPPILLY HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT. 6. SAJESH T.S., S/O.SANTHOSH, THANDASSERY HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT. BY ADV. MR.RAFFEEKH.K RESPONDENTS/DEFACTO COMPLAINANT/STATE. ------------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MANUAL, AGED21 YEARS, S/O.FELIX, CHARAKKATU HOUSE, MUNAMBAM, PALLIPET P.O., ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. R2 BY ADV. MR.O.C.LAIJU . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2276 of 2009 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant in Crime No. 694/2008 of Munambam Police Station, registered for offences under Sections 341, 323 and 324 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure contending that, as evidenced by Annexure-2 affidavit of the second respondent, all the disputes were settled and therefore, it is not necessary to proceed with further investigation or trial. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that a final report under Section 173(2) of Code of Criminal Procedure was submitted before the CRMC 2276/09 2 Magistrate on 16.3.2009. 4. Offences under Sections 341, 323 and 324 are all compoundable as provided under Section 320 of Code of Criminal Procedure. If the offences are compounded, as claimed by the petitioners and second respondent, they can approach the Magistrate for leave to compound the offences. When offences are compoundable, it is not for this Court to exercise the inherent jurisdiction under Section 482 of Code of Criminal Procedure. With liberty to the petitioners and second respondent to approach the Magistrate for permission to compound the offences, petition is dismissed. 10th August, 2009 (M.Sasidharan Nambiar, Judge) tkv