IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 2220 of 2009(F) ------------------------------------- [CC.NO.224/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL] .................... PETITIONERS/ ACCUSED 1 TO 3: ----------------------------------------------- 1. AKBAR, PACHIKODU PUTHUVAL PUTHEN VEEDU, NEAR MUSLIM MOSQUE, ATHIYANOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. NAZIR, PACHIKODU PUTHUVAL PUTHEN VEEDU, NEAR MUSLIM MOSQUE, ATHIYANOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. 3. AJMEER,PACHIKODU PUTHUVAL PUTHEN VEEDU, NEAR MUSLIM MOSQUE, ATHIYANOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SMT.C.PRABITHA. RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,.ERNAKULAM 2. AYOOB, AYANIMOOTTIL HOUSE, ULIYAZHATHURA, CHEMBAZANTHI, ANANDISWARAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.NISHA G.THARAMAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2220 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioners are the accused in C.C.224/2009 on the file of Judicial First Class Magistrate-II, Attingal taken cognizance for the offences under Sections 451, 341, 323 and 324 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case pending before the learned Magistrate contending that there was a complete settlement of all the disputes with second respondent, the de facto complainant. 2. Along with second respondent joint statement is also filed. 3. The learned counsel appearing for petitioners, second respondent and learned Public Prosecutor were heard. 4. The joint statement establish the amicable settlement. But offence alleged against the petitioners are all compoundable offences under Section 320 of Code of Criminal Procedure. When offences are compoundable it is not for this court to CRMC 2220/09 2 exercise the inherent powers under Section 482 of Code of Criminal Procedure to quash the proceedings. Petitioners are at liberty to approach the learned Magistrate for permission to compound the offence. With that liberty petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.