IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.MC.No. 4090 of 2009() ------------------------------------- CC.NO.484/09 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I,THODUPUZHA ... (CRIME NO.475/08 OF KANJAR POLICE STATION, IDUKKI DISTRICT) .............. PETITIONER(S): ACCUSED: ----------------------------------------- 1. AKHIL B NAIR, S/O.BHASKARAN NAIR, AGED 20 YEARS, PUTHIYEDATHU HOUSE, VANDAMATTOM KARA, VANDAMATTOM BHAGAM, NEYYASERY VILLAGE, IDUKKI DISTRICT. 2. RIYAD, S/O SHAMSUDEEN, AGED 21 YEARS, MEDAKKUNNEL HOUSE, NEAR MOSQUE, KEERIODE KARA, KARIKODE VILLAGE, IDUKKI DISTRICT. 3. AJEESH, S/O THOMAS, AGED 22 YEARS, PUNNAMTHANATH HOUSE, MYLADY KARA, ARAKULAM VILLAGE, IDUKKI DISTRICT. BY ADVS. MR.SHAJI KURIAN, MR. T.J.MICHAEL. RESPONDENT(S): COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NIYAS, S/O ISMAIL, AGED 20 YEARS, OORAMPILLIL HOUSE, MANGATTUKAVALA BHAGAM, KARIKODE VILLAGE. 3. AKBAR, S/O LATHEEF, AGED 20 YEARS, THAKIDIYEL HOUSE, NEAR PVT.BUS STAND, THODUPUZHA. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR R2 & R3 BY ADV. MR.JOSE MATHEW (KAVALAKALAM) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4090 OF 2009 ------------------------------------------ Dated 6th January 2010 O R D E R Petitioners are the accused in C.C.484/2009 on the file of Judicial First Class Magistrate-I, Thodupuzha taken cognizance for the offence under Sections 323 and 324 read with Section 34 of Indian Penal Code on Annexure-I final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 2 and 3, the injured and de facto complainants, were settled amicably. Respondents 2 and 3 also appeared and filed affidavits stating that they have settled the disputes. 2. Learned counsel appearing for 2 the petitioners, respondents 2 and 3 and learned Public Prosecutor were heard. 3. Offence under Section 323 of Code of Criminal Procedure is compoundable even without permission of the court as provided under Sub Section 1 of Section 320 of Code of Criminal Procedure. Offence under Section 324 of Indian Penal Code is compoundable with the leave of the court as provided under Sub Section 2 of Section 320. When the offences are compoundable, it is not for this court to exercise the extra ordinary powers under Section 482 of Code of Criminal Procedure to quash the proceedings. Persons who are entitled to compound the offence are at liberty to approach the Magistrate and seek an order for permission to compound the offences. Learned counsel appearing for the petitioners 3 submitted the first petitioner has an interview to be attended and unless the case is terminated, it would affect his future and if they are to approach the learned Magistrate, it will be delayed. I do not find any reason to believe that if the injured to whom hurt was caused applies for permission to compound the offence, learned Magistrate would not grant permission without delay. In any case, as apprehension is expressed, Judicial First Class Magistrate-I, Thodupuzha is directed to consider the permission, if sought for by the injured to compound the offence without any delay. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.