IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 237 of 2010() -------------------------------------- CC.NO.289/09 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KATTAKADA ... (CRIME NO.431/08 OF KATTAKADA POLICE STATION) ..... PETITIONER(S): ACCUSED: ----------------------------------------- PRASAD KUMAR, S/O.SREEKUMAR, KARIMBUVILAKUZHI MELE PUTHEN VEEDU, ALAMCODE, AMBALATHINKAL, PARACHAL MURI, KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK. BY ADVS. MR.G.SUDHEER, SMT.M.JAYASREE. RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASHA, D/O.SREEKALA, ARUN BHAVAN, ALAMCODE, AMBALATHINKAL, PARACHAL MURI, KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK. R1 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR R2 BY ADV. MR.S.K.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.237 OF 2010 ------------------------------------------ Dated 25th February 2010 O R D E R Petitioner is the accused in C.C.289/2009 on the file of Judicial First Class Magistrate, Kattakada taken cognizance for the offences under Sections 341, 342 and 323 of Indian Penal Code on Annexure-A2 final report. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably. Affidavit of the de facto complainant is also filed to show that there is a settlement. 2. All the offences are compoundable as provided under Section 320(1) of Code of Criminal Procedure. When the offences are Crmc 237/10 2 compoundable, it is not for this court to exercise the extra ordinary jurisdiction under Section 482 of Code of Criminal Procedure to quash the proceedings. If there is a settlement as claimed, parties are at liberty to compound the offence before the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.