IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Crl.MC.No. 1106 of 2010() ------------------------- CC.678/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... (CRIME NO.1173/2006 OF ALUVA POLICE STATION) PETITIONER(S): ACCUSED 1 & 2: ---------------------------------------------------- 1. ANJANEYAN, AGED 30 YEARS, S/O.NARAYANAN KARTHA, SREEVARAN HOUSE, KALVARI ROAD, WEST FORT , THRISSUR. 2. CHANDRAN NAIR, AGED 53 YEARS, S/O. MADHAVA MENON, RAYIRATHU HOUSE, AYYANTHOLE, NEAR GOVT. SCHOOL, THRISSUR. BY ADV.MRI.C.P.PEETHAMBARAN RESPONDENT(S): STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING S.H.O, ALUVA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. B.BALACHANDRAN, S/O. BALAKRISHNA PILLAI, EDARATHU HOSE, ALUVA. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kSS M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1106 OF 2010 =========================== Dated this the 30th day of March,2010 ORDER Petitioners are the accused and second respondent the de facto complainant in C.C.678/2008 on the file of Judicial First Class Magistrate's Court-I, Aluva taken cognizance for the offence under sections 415 and 420 read with section 34 of Indian Penal Code. This petition is filed under section 482 of the Code of Criminal Procedure to quash the cognizance taken contending that entire disputes were settled amicably. 2. Second respondent has appeared through a counsel and submitted that the matter has been settled. 3. When the offence under section 420 of Indian Penal Code is compoundable with the leave of the court, it is not for this court to Crl.M.C.1106/2010 2 invoke the extra ordinary powers under section 482 of the Code of Criminal Procedure. Petitioners and second respondent are at liberty to approach the learned Magistrate to compound the offence under section 320(2) of the Code of Criminal Procedure. Learned counsel then submitted that learned Magistrate may be directed not to insist for the presence of the accused for that purpose. An offence under section 420 of Indian Penal Code is compoundable by the person who has cheated. In such circumstances, if the learned Magistrate is satisfied that the de facto complainant has settled the disputes with the accused, for granting leave under section 320(2) of the Code of Criminal Procedure, learned Magistrate need not insist for the presence of the accused. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.1106/2010 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006