IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4598 of 2008 ------------------------- CC.397/2008 of THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM .................... PETITIONERS: PETITIONERS 1 - 2/ACCUSED 2- 3 ------------------------------------------------------- 1. A.G.GEORGE, S/O.VARGHESE, AGED 55 YEARS, ELEVANKUDI VEEDU, MATHIRAPPILLY KARA, KOTHAMANGALAM VILLAGE. 2. P.T.SHIBY, AGED 30 YEARS, S/O.THANKAMMA, PUTHENPURAKKAL HOUSE, KEERAMPARA VILLAGE, KEERAMPARA KARA, PUNNEKKAD BHAGOM. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: STATE AND DEFACTO COMPLAINANT 1- 3 -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM (INVESTIGATING OFFICER IN CRIME NO.466/2008 OF KOTHAMANGALAM POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN - 682 031. 2. BIJU, S/O.JOY, AGED 33 YEARS, KURUVELIYIL HOUSE, VARAPETTY VILLAGE, MYLOOR KARA, KOTHAMANGALAM, NOW RESIDING AT C/O.JOSEPH, ALUNGAL HOUSE, CHENGARA KARA, KEERAMPARA VILLAGE, KOTHAMANGALAM. 3. AMBILI, AGED 29 YEARS, W/O.BIJU, KURUVELIYIL HOUSE, VARAPETTY VILLAGE, MYLOOR KARA, KOTHAMANGALAM, NOW RESIDING AT C/O.JOSEPH, ALUNGAL HOUSE, CHENGARA KARA, KEERANPARA VILLAGE, KOTHAMANGALAM. Crl.MC No. 4598/2008 4. ELDHOS, AGED 27 YEARS, S/O.PAUOSE, THELIYATH HOUSE, UPPUKANDAM KARA, KOTTAPPADI VILLAGE. R1 BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 4598 OF 2008 ----------------------------------------------- Dated this the 28th day of November, 2008 O R D E R The petitioner faces indictment for offences punishable, inter alia, under Section 506(1) IPC. All offences alleged are compoundable offences. It is prayed that the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287], Nikhil Merchant v. Central Bureau of Investigation [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008(4)KLT 417 SC] may be invoked to quash the proceedings. 2. All the offences alleged being compoundable, I find no reason to invoke the dictum referred above or the extraordinary jurisdiction under Section 482 Cr.P.C. It is for the petitioners to make sure that an application for composition is filed before the learned Magistrate under Section 320 Cr.P.C. 3. Petitioner's apprehended that since the learned Magistrate is over burdened with work, he may take up only targeted cases and this application for composition may not get priority. I have no hesitation to agree that the matter which is compounded must certainly get priority and must be taken up for consideration forthwith. Crl.M.C. No. 4598 OF 2008 -:2:- 4. If a proper application for composition is filed before the learned Magistrate, needless to say that, such application must be considered expeditiously on the date of filing itself, if there be no other insurmountable legal impediment. 5. With the above observations, this Crl.M.C is dismissed. 6. Hand over copy of this order to the learned counsel for the petitioners. R. BASANT, JUDGE ttb Crl.M.C. No. 4598 OF 2008 -:3:- Crl.M.C. No. 4598 OF 2008 -:4:-