IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Crl.MC.No. 4528 of 2008() ------------------------- CC.536/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, MANJERI .................... PETITIONER(S): --------------- MOIDEEN ABDULLA KURIKKAL, S/O. ABDULLA KURIKKAL, AGED 58 YEARS, SHAD, HOUSE, KARUVAMBARAM AMSOM, CHERANI, MANNENGARA ROAD, MALAPPURAM DIST. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MANJERI, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KUNNATHEERI VIJAYAN, S/O. CHARU NAIR, SREEVALSAM, KAVANNUR AMSOM, VAKKLLORE, MOOZHIPALAM. 3. K.V. SAHADEVAN, S/O. KORUNNI, POOKAT )H) ARECODE AMSOM, CHEMBARANGATORE, 4. THE SUPERINTENDENT OF POST OFFICERS, MANJERI SUB DIVISION, CALICUT ROAD, MANJERI -1,MALAPPURAM DIST. 5. THE GENERAL MANAGER, DEPARTMENT OF POSTS KOZHIKODE. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4528 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 O R D E R The petitioner has come to this Court with a prayer to invoke the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) to quash the proceedings against him on the ground that the victim, a public servant, has compounded the offences alleged against the petitioner. The respondent has not come before this court to report composition. Hence on 24.11.2008 directions were issued. 2. The learned Prosecutor reports that the complainant has been contacted. He reports that there is no composition. Even after specific directions issued on 24.11.2008, the complainant has not come before this Court to report composition. In these circumstances, it is not necessary to wait any longer. Counsel for the petitioner prays that summons may be issued to the respondent/complainant, in which event he, it is submitted, shall appear before this court and report composition. I do not find Crl.M.C.No. 4528 of 2008 2 any necessity to issue any such direction. The offence is not compoundable. 3. In these circumstances it it not necessary for this Court to issue summons to the respondent to ascertain whether he has compounded the offence. If he has compounded the offence, it is only reasonable to expect him to report that and file a statement to confirm such composition. 4. This Crl.M.C. is hence dismissed. (R. BASANT) Judge tm