IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4934 of 2010() ------------------------- CC.1829/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM ............... PETITIONERS / ACCUSED NOS. 1 AND 2: ---------------------------------------------------------- 1. BASHEER, S/O.KHALID, KALVETHY DESOM, FORT COCHIN VILLAGE. 2. MAJEED, S/O.MOHAMED, MATHILAKATH VEETTIL, YMCA ROAD, FORT COCHIN VILLAGE. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENTS / COMPLAINANT & CHARGE WITNESS NO.1: --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION. 2. JOSEPH J VAYALAT, AGED 37 YEARS, S/O.JOSEPH, VAYALAT HOUSE, KUNDANOOR DESOM, MARADU VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD R2 BY ADV. SRI.RENJITH THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4934 OF 2010 --------------------------------------------- Dated 20th December, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.1829/2005 on the file of Additional Chief Judicial Magistrate, Ernakulam, taken cognizance for the offences under Sections 447, 341 and 323 read with Section 34 of Indian Penal Code on Annexure-A1 final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably with the second respondent. 2. Second respondent appeared through a counsel and filed an affidavit stating that he has settled all the Crmc 4934/10 2 disputes with the petitioners and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Offences under Sections 447, 341 and 323 of Indian Penal Code are all compoundable offences. When the ofefnces are compoundable, it is not for this Court to exercise the inherent powers under Section 482 of Code of Criminal Procedure to quash the proceedings. Second respondent, the person who is competent to compound the offence is entitled to get the offences compounded. Learned counsel appearing for the petitioners submitted that non bailable warrant is pending. If the disputes were settled and second respondent appears before the learned Magistrate and seeks Crmc 4934/10 3 permission to compound the offence, I do not find that Additional Chief Judicial Magistrate will not permit the second respondent to compound the offences. In that event it is not necessary to insist for the presence of the accused to grant the permission. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.