IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 Crl.MC.No. 534 of 2011() ----------------------------------- CC.1661/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ERNAKULAM .................... PETITIONER/ACCUSED --------------------------------- JERROY GEORGE, AGED 59 YEARS, S/O.A.V. VARGHESE, RESIDING AT DARLIS VILLA, THOLLASSERI, THIRUVALLA. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS/COMPLAINANTS ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN – 682 031. 2. CHAKRAPANI PRASAD, AGED 59 YEARS, S/O.T. CHAKRAPANI, FLAT NO.10B, SANGEETHAM APARTMENT, RAVIPURAM, M.G. ROAD, ERNAKULAM, PIN - 682 011. R1 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R2 BY ADV. SRI.T.A.JEHFER SADHIQ. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.534 of 2011 -------------------------------------- Dated this the 3rd day of March, 2011. ORDER This petition is filed by the accused in C.C.No.1661 of 2003 of the court of learned Judicial First Class Magistrate-II, Ernakulam for offences punishable under Sections 323 and 341 of the Indian Penal Code. Case was registered on the complaint of respondent No.2. Petitioner is employed in the United States. Parties have filed Anexure-2, compromise petition before the learned Magistrate but, it is submitted that learned Magistrate insisted on presence of respondent No.2 who is undergoing treatment at Thiruvananthapuram. Hence he was unable to attend the court. Petitioner has approached this Court to quash proceeding against him on the strength of a settlement. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. 2. Respondent No.2 has filed Crl.M.A.No1323 of 2011 requesting to compound the offences. Learned counsel for respondent No.2 has confirmed settlement and authenticity of the signature of respondent No.2 in Crl.M.A.No.1323 of 2011. The offences are compoundable without permission of court. Having regard to the facts and circumstances of the case I do not find reason not to allow the application. Crl.MC No.534/2011 2 Resultantly this petition and Crl.M.A.No.1323 of 2011 are allowed. The final report in Crime No.791 of 1999 of the Central Police Station, Kochi, cognizance taken thereon and proceeding against petitioner in C.C.No.1661 of 2003 of the court of learned Judicial First Class Magistrate-II, Ernakulam are quashed. THOMAS P.JOSEPH, Judge. cks