IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 3777 of 2009(F) ------------------------------------- [CRIME NO. 118/2009 OF KODUVALLY POLICE STATION] ......... PETITIONER/ACCUSED: ---------------------------------- ABDUL MUNEER, S/O. MUHAMMED, PILATHOTTATHIL HOUSE, PARAMBATH KAVE, MANIPURAM, KOZHIKODE. BY ADV. MR.B.PREMNATH. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. E.K. MUHAMMED, S/O. THARUVEYI HAJI, EDAKKANDIYIL HOUSE, PADANILAM.P.O, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM, R2 BY ADV. MR.E.NARAYANAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO. 3777 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioners are the accused and second respondent, the de facto complainant in C.C.246/2009 on the file of Judicial First Class Magistrate-I, Thamarassery taken cognizance for the offence under Sections 448, 427, 323 and 506(i) read with Section 34 of Indian Penal Code after investigation in crime No.118/2009 of Koduvally police station. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably. A joint petition along with the second respondent is also filed to show that matter has been settled to record the compounding of the offences. 2. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 3. Offences under Sections 427, 448, Crmc 3777/09 2 323 and 506(i) of Indian Penal Code are all compoundable offences. When offences are compoundable, it is not for this court to exercise the extra ordinary jurisdiction and quash the complaint under Section 482 of Code of Criminal Procedure. Granting liberty to the petitioner to seek permission of the learned Magistrate to compound the offence, petition is disposed. Learned counsel appearing for petitioner submitted that as warrant is pending, petitioner may be arrested. If the matter is compounded, as is clear from the joint statement filed by second respondent, I do not find any reason to execute non bailable warrant. Petitioners to approach the learned Magistrate to compound the offences. M.SASIDHARAN NAMBIAR, JUDGE. uj.