IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Crl.MC.No. 3189 of 2011() ------------------------- CC.1595/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONERS/ACCUSED 1 TO 4: --------------- 1. RAJESH, S/O.KAMALAN,CHIRAVILAYIL VEEDU, PALAMUKKU,EZHAMKULAM,ADOOR. 2. MANOJ @SUBIN, S/O.KRISHNAN,KIZHAKKEDCHAKKUR VEEDU, THUVAYOOR VADAKKUMURI, KADAMBANADU VILLAGE,ADOOR. 3. RENJITH, S/O.KAMALAN,CHIRAVILAYIL VEEDU, PALAMUKKU,EZHAMKULAM,ADOOR. 4. KUTTAN @ ANOJ, S/O.KUNJUNNI, KAVITHA BHAVAN,PARAKKOTTUMURI, ADOOR. BY ADV. SRI.R.SUDHEESHKUMAR SRI.SUNIL KUMAR A.G RESPONDENTS/DEFACTO COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. RADHAKRISHNAN, S/O.BHASKARAN,PUTHENVEETTIL, VALIYAVILAKIZHAKKETHIL, PARAKOOTTUVADAKKU,ADOOR. PUBLIC PROSECUTOR SRI.SALIM P.A R2 BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3189 of 2011() APPENDIX --------------- PETITIONERS' ANNEXURE ---------------------------------------- A1: ORIGINAL COPY OF THE COMPROMISE DATED 12.8.2011. RESPONDENTS' ANNEXURES : NIL //True copy// PA to Judge P.S.GOPINATHAN, J -------------------------------- Crl.M.C.No.3189 OF 2011 ---------------------------------------- Dated this the 16th day of September, 2011 O R D E R The petitioners 1 to 3 are alleged to be accused in C.C.441/05 and the 4th petitioner is alleged to be the accused in C.C.No.1595 of 2009, both on the file of the Judicial Magistrate of the First Class, Adoor. It is submitted that C.C.1595/09 is a split up case. The offence alleged is stated to be under Section 341, 323 and 427 read with 34 IPC. According to the petitioners, they had settled the matter out of court and a compromise petition was also filed along with this petition under Section 482 Cr.P.C. The prayer in the petition is that since the matter was compounded, the proceedings in the above cases are to be quashed in exercise of the powers under Section 482 Cr.P.C. 2. It is not disputed that the offences alleged are bailable and compoundable. In the event, the matter has been settled out of court and parties have compounded, it is for the petitioners to file petition before the trial court which shall Crl.M.C.No.3189 OF 2011 2 dispose of the same in accordance with law on satisfaction of the compounding provided the offences alleged are compoundable. This Court is not the proper forum. Therefore, this petition is dismissed with liberty to the petitioners to approach the trial court. The document appended shall be returned to the petitioner for producing before the trial court, if so advised. In the event there is proper compounding petition and the offences alleged are compoundable, the trial court is at liberty not to insist the personal appearance of the accused. P.S.GOPINATHAN, JUDGE mns