IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Crl.MC.No. 2924 of 2008() ------------------------- CC.84/2007 of J.F.C.M, KOTHAMANGALAM .................... PETITIONER: ACCUSED ------------------- SHAIJU, S/O.GOPI, KOLLAMPARAMBIL HOUSE, CHATHAMATTOM KARA, POTHANIKKADU.P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR SMT.MAYA ANTHARJANAM RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VARKY, S/O.FRANCU, NIRAPPEAL HOUSE, POTHANIKKADU.P.O, KOTHAMANGALAM, ERNAKULAM DIST. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.S.SREEDEV FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2008, ALONG WITH CRMC NO. 3059 OF 2008 CRMC NO. 3065 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.2924, 3059 & 3065 of 2008 ----------------------------------- Dated this the 18th day of August, 2008 O R D E R The common petitioners (1st petitioner is common in all the 3 petitions and the 2nd petitioner is there in only 2 of the 3 Crl.M.Cs) pray that the prosecution initiated against them under Section 379 I.P.C may be quashed invoking the jurisdiction under Section 482 Cr.P.C. The petitioners/accused and the defacto complainants in the respective cases have now settled their disputes and the defacto complainants, it is submitted, have compounded the offences allegedly committed by the petitioners. The prayer is that powers under Section 482 Cr.P.C may be invoked to quash the 3 prosecutions which are all pending before the Judicial Magistrate of the First Class, Kothamangalam as C.C.No.84 of 2007, C.C.No.85 of 2007, C.C.No.87 of 2007. 2. The learned counsel for the petitioners submits that all the offences are compoundable offences in as much as the value of the allegedly thieved articles in each case do not exceed Rs.2,000/-(Rupees Two thousand only). After the relevant amendment which has come into force on 23.06.06, the offence Crl.M.C. Nos.2924, 3059 & 3065 of 2008 2 under Section 379 I.P.C is now compoundable under Section 320 (2) Cr.P.C if the value of the property allegedly stolen does not exceed Rs.2,000/-. According to the petitioners/accused and the respondents/complainants, 9 rubber sheets in one case, 24 in the other and 54 in the third have allegedly been thieved. It is their contention that the value of the rubber sheets is much below Rs.2,000/- in each case. No specific value has been alleged in these cases for the stolen rubber sheets, submits the learned counsel for the petitioners as well as the respondents/defacto complainants. 3. I shall for the purpose of arguments accept the submissions of the learned counsel. If that be so, I find absolutely no reason for this Court to invoke the jurisdiction under Section 482 Cr.P.C. If the offences are compoundable, it is for the petitioners/accused and the defacto complainants/respondents to move the learned Magistrate for acceptance of the composition and consequent acquittal of the accused persons under Section 320 Cr.P.C. I am of the opinion that it is not necessary for me, in these circumstances, to invoke the jurisdiction under Section 482 Cr.P.C even if all the alleged facts are true. Crl.M.C. Nos.2924, 3059 & 3065 of 2008 3 4. These Crl.M.Cs are, in these circumstances, dismissed making it clear that the dismissal of these Crl.M.Cs will not in any way fetter the rights of the petitioners and/or the complainants concerned to move the learned Magistrate with applications for composition under Section 320 Cr.P.C. If and when such applications are filed, needless to say, the learned Judicial Magistrate of the First Class, Kothamangalam must consider such applications under Section 320 Cr.P.C on merits and pass appropriate orders. (R.BASANT, JUDGE) rtr/-