IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Crl.MC.No. 3360 of 2008() ------------------------- CC.781/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, NEYYATTINKARA ....................................... (CRIME NO.321/2008 OF BALARAMAPURAM POLICE STATION) PETITIONER: ACCUSED: ------------------------------------- SAJU,S/O VISWAMBHARAN, AGED 19 YEARS, THYKUTTATHU VEEDU, PALLICHAL DESOM, PALLICHAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENTS: STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MIDHIN MANOHARAN, S/O MANOHARAN, MIDHIN COTTAGE, AALUVILA, THALAYAL DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ Crl.M.C. No.3360 of 2008 ------------------------------------- Dated this the 3rd day of September, 2008 ORDER Petitioner is the sole accused in a prosecution under Sections 341 and 323 I.P.C. The offences alleged are compoundable. The 2nd respondent, the defacto complainant/victim, who is competent to compound, has already compounded the offences, it is submitted. The petitioner is a student. Because of the pendency of the case, he is losing his academic days. There is urgent need to terminate the proceedings. The petitioner and the 2nd respondent are willing to appear before the learned Magistrate and make appropriate application for composition. But they apprehend that there will be considerable loss of time before the court considers such application for composition. In these circumstances it is prayed that this Court may be pleased to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C and quash the proceedings. 2. I am afraid, the course suggested cannot and need not be accepted and if accepted that would be laying down a very Crl.M.C. No.3360 of 2008 2 unnecessary and unhealthy precedent. Cognizance has already been taken by the learned Magistrate. The accused and the victim can appear before the learned Magistrate and make an application to advance the hearing of the case and to accept the composition. Every Magistrate has to consider such application for composition expeditiously. The petitioner can mention to the learned Magistrate the urgent need for expeditious orders - because the petitioner will be kept out of the educational institution if the offence is not compounded and the proceedings are not terminated. I cannot assume that the learned Magistrate will not consider such request and pass appropriate orders. The learned Magistrate must do the same. 3. This Crl.M.C is dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-