IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Crl.MC.No. 3785 of 2010() ----------------------- CRIME NO. 132/2009 OF EDACHERY POLICE STATION, KOZHIKODE ............................................................... PETITIONER / ACCUSED : ---------------------------------- PARAMBUMKARA NANU, PARAMUMKARA, PO ERAMALA, VIA ORKKATTERI,KOZHIKODE DISTRICT. BY ADV. SRI.P.M.HABEEB RESPONDENTS / STATE & DEFACTO COMPLAINANT : --------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM (CRIME NO 132 OF 2009 EDACHERY POLICE STATION). 2. RAMESAN,S/O.SANKARAN,AGED 37 YEARS, MOTTEMMAL,LAKSHAM VEEDU COLONY,ERAMALA, PIN – 673 501. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 BY ADV. SRI.S.R.SREEJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3785 OF 2010 =========================== Dated this the 14th day of September,2010 ORDER Petitioner the accused in C.C.665/2009 on the file of Judicial First Class Magistrate's Court, Vadakara filed this petition under section 482 of the Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire disputes with the second respondent de facto complaint were settled amicably. 2. Learned counsel appearing for the petitioner,second respondent and learned Public Prosecutor were heard. 3. Annexure 2 final report shows that learned Magistrate has taken cognizance for the offence under sections 342, 323, and 506(i) of Indian Penal Code. Second respondent is the person who is competent to compound all Crl.M.C.3785/2010 2 offences. Under section 320 of Code of Criminal Procedure all the offences are compoundable. When the offences are compoundable, it is not for this court to exercise the extra ordinary powers under section 482 of the Code of Criminal Procedure to quash the proceedings. 4. Learned counsel appearing for the petitioner submitted that as petitioner is in Gulf, he is not in a position to appear before the learned Magistrate and seek permission to compound the offence. When the offences are compoundable by the second respondent, if the second respondent appears and seeks permission of the learned Magistrate to compound the offences, there is no necessity for the learned Magistrate to insist for the presence of the accused. Granting liberty to the second respondent to move the learned Magistrate for compounding the offences, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.3785/2010 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006