IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Crl.MC.No. 2560 of 2009() ------------------------------------ CC.339/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOTTARAKKARA .................... PETITIONERS/ACCUSED A1 & 2 --------------------------------------------- 1. ANIL KUMAR B., PUTHAN VEEDU,KODAKKAYAM MURI,VILAVURKONAM (P.O.), KALLUVATHUKKAL VILLAGE,KOLLAM TALUK. 2. ASHEER, CHARUVILA VEEDU,NEDUNGOTTU MURI, VILAVURKONAM (P.O.),KALLUVATHUKKAL VILLAGE, KOLLAM TALUK. BY ADV. MR.K.V.ANIL KUMAR RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. ANILKUMAR, AGED 30 YEARS,S/O.GOPALAKRISHNA PILLAI, ANIVILASOM VEEDU,CHUNKATHARA MURI, VELINNALLUR VILLAGE,KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION,KOLLAM DISTRICT. R1 & R3 BY PUBLIC PROSECUTOR MR.B. VINOD. R2 BY ADV. SRI.P.V.DILEEP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2560 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.339/2007 on the file of Judicial First Class Magistrate's Court-II, Kottarakara. Second respondent is the defacto complainant. Case against the petitioners is that they committed offence under Section 420 read with Section 34 of Indian Penal Code. Person cheated is the second respondent. Proceedings is sought to be quashed by filing this petition under Section 482 of Code of Criminal Procedure on the ground that all the disputes with the second respondent were amicably settled. 2. An offence under Section 420 of Indian Penal Code is compoundable with leave of the court as provided under Section 320 of Code of Criminal Procedure. When an offence is compoundable, it is not for this Court to invoke the extra ordinary inherent powers under Section 482 of Code of CRMC 2560/09 2 Criminal Procedure. Petitioners, along with the second respondent, are entitled to approach the Magistrate to get the offence compounded. Learned counsel then submitted that as a non bailable warrant is pending against the petitioners, they cannot personally appear before the court. If the second respondent, a person who was cheated, appears and seeks permission to compound the offence, I find no reason for the Magistrate to insist for the presence of the accused to grant the permission to compound a compoundable offence. Petition is disposed. 5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv