IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Crl.MC.No. 3860 of 2009() ---------------------------------- (CC.NO.71/2009 OF JUDICIAL FIRST CLASS MAGISTRATE, SPECIAL COURT (FOREST), MANJERI) ---------------------------------- PETITIONER(S): ACCUSED: ------------------------------------ SHAMSUDHEEN, S/O.BAVA, AGED 26 YEARS, MUNDATH HOUSE, KODIKUTHIPARAMBA, PULIKKAL VILLAGE, AANNIYOORKUNNU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENT(S): STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.411/2008 OF KONDOTTY POLICE STATION). 2. HAJIRA, W/O.MOIDEEN KOYA, AGED 26 YEARS, VADAKKETHODI, CHERUKUNDIL HOUSE, CHEECODE P.O. VETTUPARA DESOM, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR R2 BY ADV. SRI.T.K.KUNHABDULLA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3860 OF 2009 ------------------------------------------ Dated 30th November 2009 O R D E R Petitioner is the accused and second respondent the complainant in C.C.71/2009 on the file of Judicial First Class Magistrate, Special court, (Forest), Manjeri taken cognizance for the offence under Section 324 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the case contending that entire disputes were settled by Annexure-A4 agreement. Second respondent appeared and submitted that the matter has been settled. 2. Offence under Section 324 of Indian Penal Code is compoundable under Section 320(2) of Code of Criminal Procedure, with the leave of the court. Though Section 324 of Indian Penal Code was deleted by Act 25 of 2005 from table 2 of Section 320, as the said provision has not come into effect, Magistrate is competent to grant permission to compound the offence. When an offence is Crmc 3860/09 2 compoundable, it is not for this court to quash the proceedings invoking the extra ordinary jurisdiction under Section 482 of Code of Criminal Procedure. Parties are entitled to approach the learned Magistrate for permission to compound the offence. Petition is disposed with liberty to the injured to seek leave of the Magistrate to compound the offence under Section 320(2) of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR, JUDGE. uj.