IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 3786 of 2009(A) -------------------------------------- [CC.NO.333/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-I, THAMARASSERY] .................... PETITIONERS/ACCUSED PERSONS: ---------------------------------------------------- 1. E.K.MUHAMMED,S/O.THARUVEYI HAJI, EDAKKANDIYIL HOUSE,PADANILAM P.O., KOZHIKODE DISTRICT. 2. NASAR,S/O.ABU HAJI, ELAVANCHALIL HOUSE,KODUVALLY, KOZHIKODE DISTRICT. 3. ABU LAIS,S/O.NASAR, ELAVANCHALIL HOUSE,KODUVALLY, KOZHIKODE DISTRICT. BY ADV. MR.E.NARAYANAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. ABDUL MUNEER,S/O.MUHAMMED, PILATHOTTATHIL HOUSE,PARAMBATH KAVE, MANIPURAM,KOZHIKODE. 3. NOUSHINA,W/O.ABDUL MUNEER, PILATHOTTATHIL HOUSE,PARAMBATH KAVE, MANIPURAM,KOZHIKODE. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 & R3 BY ADV. MR.B.PREMNATH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 3786 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioners are accused and respondents 2 and 3 are de facto complainant and the injured in C.C.333/2009 on the file of Judicial First Class Magistrate-I, Thamarassery , taken cognizance for the offences under Sections 323 and 341 of Indian Penal Code. Both offences are compoundable. Though petition is filed under Section 482 of Code of Criminal Procedure and joint statement is filed with respondents 2 and 3, stating that offences are compounded. 2. when the offences are compoundable, it is not for this court to exercise the extra ordinary jurisdiction to quash the proceedings. Petitioners are at liberty to approach the learned Magistrate for permission to compound the offence. 3. Learned counsel appearing for the petitioners submitted that non bailable warrant is pending. As is clear from the joint statement. When Crmc 3786/09 2 there is composition of the offences, non bailable warrant may not be executed. It is upto the petitioners to approach the concerned Magistrate for permission to compound the offence. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.