IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Crl.MC.No. 3167 of 2009 --------------------------------------- CC.75/1997 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER/ACCUSED: BIJU C.N., S/O. NARAYANAN, CHENNATTU HOUSE, MANAKKADU VILLAGE, THODUPUZHA. BY ADV. SRI.P.BABU KUMAR RESPONDENTS/COMPLAINANT: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA P.O. 3. THE MANAGER, CANARA BANK, THODUPUZHA BRANCH. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3167 of 2009 -------------------------- ORDER Petitioner is the accused and third respondent, the defacto complainant in C.C.No.75/1997 on the file of Chief Judicial Magistrate's Court, Thodupuzha, which was cognizance for the offences under Sections 403 and 406 of Indian Penal Code on Annexure-A1 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire amount due to the third respondent was paid, evidenced by Annexure-A3 letter issued by the third respondent. 2. Offences under Sections 403 and 406 of Indian Penal Code are compoundable under Section 320 of Code of Criminal Procedure with the leave of the court. 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 quash the case. Petitioner, along with the third respondent, is entitled to approach the learned Magistrate to grant CRMC 3167/09 2 permission to compound the offences. I find no reason to believe that if sought for, Magistrate will not grant permission to compound the offences, when the offences are compoundable. 3. Learned counsel then submitted that as the case is pending in the long pending register, learned Magistrate may not grant permission and he may be detained. If petitioner surrenders and third respondent, the defacto complainant files an application for permission to compound the offences, I find no reason to believe that Magistrate will not grant permission. Learned Magistrate need not insist for the personal presence of the accused, to grant permission to compound the offences, in such circumstances. Petition is disposed. 1st October, 2009 (M.Sasidharan Nambiar, Judge) tkv