IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 5022 of 2008() ------------------------- FIR NO. 51/2000 OF KADAKKAL POLICE STATION AGAINST THE ORDER IN CC 207/2000 IN LP.51/2002 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... PETITIONER(S): --------------- SIDDIQ ,S/O. SUBAIR, CHANTHAVILA VEEDU PUTHIYAKAVU, KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH RESPONDENT(S): --------------- 1. BHUVANACHANDRAN, CHARUVILA PUTHEN VEEDU KANNANCODE, KUMMIL, NAGAROOR, THIRUVANANTHAPURAM DIST. 2. STATE OF KERALA, REP. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ADV. SRI.ARUN GOPI FOR R1 R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 5022 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 324 r/w. 34 I.P.C. The offence is one which is compoundable under Section 320 Cr.P.C. The petitioner, along with the first respondent/defacto complainant/ victim, has come before this Court with a prayer that the prosecution against the petitioner may be quashed invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. on the short ground that the parties have settled their disputes and the first respondent has compounded the offences allegedly committed by the petitioner. 2. The offence is compoundable. The composition can be got recorded before the learned Magistrate. I find absolutely no reason or justification for the parties to rush to this Court with a prayer to invoke the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. The dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), Nikil Merchant v. Crl.M.C.No. 5022 of 2008 2 C.B.I. (2008 (3) KLT 769) and Manoj Sharma v. State (2008 (4) KLT 417 (SC) have no application at all in as much as the offence is compoundable. 3. I find no reason to invoke the extra ordinary inherent jurisdiction. What can easily be achieved before the court below cannot be attempted to be got from this Court unless there is specific or valid reason. I do not find any such reason in this case. 4. This Crl.M.C. is dismissed, but with the specific observation that the petitioner and the first respondent can appear before the learned Magistrate and report composition. If the learned Magistrate is satisfied about the fact of composition and its acceptability, needless to say, appropriate orders on merits must be passed on the date when the parties appear and apply for composition. In the peculiar facts and circumstances, there shall be a direction that the interim order issued on 23.12.2008 shall continue to remain in force till 12.1.2009. 5. Hand over the order. (R. BASANT) Judge tm