IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Crl.MC.No. 400 of 2008(D) ------------------------ CC.283/2005 of CHIEF JUDICIAL MAGISTRATE, KALPETTA .................... PETITIONER: ACCUSED -------------------------- T.K.MAJEED, S/O MOIDEENKUNJU, TANNIKUNDUMEL VEEDU, VALIYAPARAMBU, KODUVALLI. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: STATE & DE FACTO COMPLAINANT -------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. V.P.AYAMMEDKUTTY, S/O MOYINKUTTY HAJI, VARALATTUPARAMBATH VEEDU, VAVAD AMSOM, KODUVALLY, KOZHIKODE DISTRICT. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 400 of 2008 ========================== Dated this the 19th day of February, 2008. O R D E R The petitioner, who is the accused in C.C No. 283/2005 on the file of the Chief Judicial Magistrate, Kalpetta for offences punishable under Sections 420 and 468 IPC, seeks to quash the proceedings on the ground that the matter has been settled between him and the de facto complainant. Admittedly, the offence punishable under Section 468 IPC is not a compoundable offence. Hence, if the matter has been settled between the petitioner and the de facto complainant, the de facto complainant can file a petition for composition of the offence punishable under Section 420 IPC and the petitioner can plead for a discharge with regard to the surviving offence. If the petitioner is desirous of pleading for a discharge, he can be permitted to do so in absentia. Accordingly, the petitioner is permitted to file a petition for discharge before the Chief Judicial Magistrate, Kalpetta in absentia and if and when such petition is filed, within three weeks from today, the same shall be considered and disposed of without insisting on the personal appearance of the petitioner. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv