IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2866 of 2009() ------------------------- AGAINST THE ORDER IN CC 1412/2001, CC 101/98 IN LP.241/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... (CRIME NO.234 OF 1997 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM) PETITIONER(S): ACCUSED NO.2: ------------------------------------------------ SIVAKUMAR, S/O. VELAYUDHAN NAIR, AGED 30, TC.24/753, THYCAUD WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADVS. MR.K.S.HARIHARAPUTHRAN, MR.M.D.SASIKUMARAN, MR.GEORGE MATHEW. RESPONDENT(S): RESPONDENTS:COMPLAINANT & STATE: ----------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I.OF POLICE,THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MAHESH, AGED 35 YEARS, S/O.GOPINATHAN NAIR,RES. AT SAKTHI BHAVAN, THYCAUD WARD, KANNETTUMUKKU, TC.24/1700, THIRUVANANTHAPURAM R1 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2866 OF 2009 ------------------------------------------ Dated 28th August 2009 O R D E R Petitioner is the second accused in C.C.101/1998 now pending as L.P.241/2003 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A3 final report submitted after investigation of the case under Annexure-A2 FIR contending that there was a settlement of the disputes with second respondent. But nothing is produced to prove the settlement. Learned counsel appearing for petitioner submitted that second respondent has agreed to appear before the Magistrate and apply for permission to compound the offence. If the offences are compoundable either with permission or without permission, complainant is entitled to approach the Magistrate and seek permission to compound the offence. Learned counsel submitted that there may be a direction to the Magistrate to consider the CRMC 2866/09 2 application for composition on the date of appearance. I find no reason to believe that if complainant appears and files an application for composition, Magistrate will not pass orders in the application on the same day. Hence no direction is warranted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.