IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Crl.MC.No. 543 of 2010-A ------------------------------------ (C.C. NO.721/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD IN CRIME NO. 186/2008 OF KASARAGOD POLICE STATION) ........... PETITIONERS/ACCUSED: ------------------------------------ 1. MR.MUHAMMED K.A., AGED 55 YEARS, S/O.ABDUL RAHIMAN, KANDALAYAM HOUSE, DHARMATHADUKKA, MANGALAPADY POST, KASARAGOD TALUK. 2. IBRAHIM, AGED ABOUT 52 YEARS, S/O.ABDUL RAHIMAN @ ANDU, KANDALAYAM HOUSE, DHARMATHADUKKA, MANGALAPADY POST, KASARAGOD TALUK. 3. LATHEEF, AGED ABOUT 26 YEARS, S/O.BAVA, BATTIYOD HOUSE, PAVOOR POST, MANGALAPADY POST, KASARAGOD TALUK. BY ADV. MR.T.B.SHAJIMON. RESPONDENTS/COMPLAINANT/STATE: ---------------------------------------------------------- 1. K.MOIDEEN, AGED ABOUT 62 YEARS, S/O.KHADER, SANAS VILLAGE, PACHAMBALAM, MANGALAPADY VIA., ICHILAMKODE POST, KASARAGOD. 2. STATE OF KERALA, REP. BY S.H.O., KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. R1 BY ADV. MR.SIJU MATHEW, R2 BY PUBLIC PROSEUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.543 of 2010 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant and the injured in C.C.No.721/2008 on the file of Judicial First Class Magistrate's Court, Kasargod, taken cognizance for the offences under Sections 451, 341, 427 and 506(i) read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the Magistrate contending that entire disputes with the first respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a joint petition along with the petitioners stating that entire disputes with the petitioners were settled amicably. CRMC 543/10 2 3. An offence under Section 451 of Indian Penal Code is compoundable under Section 320(2) of Code of Criminal Procedure. Offences under Sections 341, 427 and 506(i) of Indian Penal Code are compoundable under Section 320(1) of Code of Criminal Procedure and even leave of the court is not necessary. Therefore, all the offences alleged are compoundable. When all the offences are compoundable, the question is whether this Court has to exercise the extraordinary jurisdiction under Section 482 of Code of Criminal Procedure to quash the proceedings. 4. Learned counsel submitted that as non bailable warrant is pending against the petitioners, petitioners may be remanded in case of their surrender and in such circumstances, the proceedings may be quashed. 5. When offences are compoundable by the person who is competent to compound the offence either without the leave of the court or with the leave of the court, it is not for this Court to exercise the CRMC 543/10 3 extraordinary jurisdiction under Section 482 of Code of Criminal Procedure. Parties are entitled to approach the learned Magistrate for permission to compound the offences. 6. Learned counsel then submitted that when non bailable warrant is pending, Magistrate may insist for the presence of the accused and there is likelihood of their arrest. It is made clear that for granting permission to compound the offences, Magistrate shall not insist for the presence of the accused. If it is satisfied, on the petition filed by those who can compound the offences, that there was compounding of the offences by the persons entitled to compound the offences as provided under Section 320 of Code of Criminal Procedure, permission is to be granted to compound the offences. Petition is disposed. 2nd March, 2010 (M.Sasidharan Nambiar, Judge) tkv