IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Crl.MC.No. 2659 of 2009 -------------------------------- LPC.21/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR (CRIME NO.57/2006 OF KANNAPURAM POLICE STATION, KANNUR) .......................................... PETITIONER(S): ACCUSED -------------------------------------- T.N.SIVARAMAN, AGED 38 YEARS, S/O. A.P.KUNHIRAMAN NAMBIAR, THIYYANCHERI NADUVIL HOUSE, PUNCHAVAYAL, MOTTAMMAL P.O., KANNUR DIST. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): STATE & DEFACTO-COMPLAINANTS ------------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY STATION HOUSE OFFICER, KANNAPURAM POLICE STATION, KANNUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.VINOD, S/O. RAGHAVAN, CHERAMBETH HOUSE, PUNCHAVAYAL, KANNAPURAM, KANNUR DISTRICT. 3. M.K.SAHAJAN, S/O. GOPALAN, MADATHANKANDY HOUSE, PUNCHAVAYAL, KANNAPURAM, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1. ADV. SRI.S.NIDHEESH FOR R2&R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2659 of 2009 -------------------------- ORDER Petitioner is the second accused in C.C.No. 148/2006, now pending as L.P.No.21/2009 on the file of Judicial First Class Magistrate's Court-I, Kannur. This petition is filed under Section 482 of Code of Criminal procedure to quash the proceedings contending that there was a settlement of all the disputes with respondents 2 and 3, the defacto complainants and the injured. Affidavits of respondents 2 and 3 were also filed to establish the settlement. 2.Learned counsel appearing for the petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 3. Offences alleged against the petitioner are under Sections 341, 323 and 324 read with Section 34 of Indian Penal Code. All the offences are compoundable. When offences are compoundable, it is not for this Court to invoke the extraordinary inherent jurisdiction under Section 482 of Code of Criminal Procedure to CRMC 2659/09 2 quash the proceedings. Petitioner and respondents 2 and 3 are entitled to approach the Magistrate for leave of the court to compound the offences. 4. Learned counsel appearing for the petitioner submits that as the case is in the long pending register, if the petitioner surrenders, he will be remanded. I do not believe that if persons approach the Magistrate to compound the offences under Section 320 of Code of Criminal Procedure, Magistrate would remand the accused. Even in the absence of the accused, Magistrate is competent to permit compounding of the offences, if applied for leave by the person, who is competent to compound the offence under schedule to Section 320 of Code of Criminal Procedure. Petition is dismissed. 14th August, 2009 (M.Sasidharan Nambiar, Judge) tkv