IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Crl.MC.No. 3537 of 2008() ------------------------- LP.27/2002 (C.C.NO.68/2000) of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- P.V.ABOOBACKER, S/O. ABDULLA KOYA, HOUSE NO.40/99, JAFAR KHAN COLONY, ERANJIPPALAM P.O.(NOW RESIDING AT PUTHENVEEDU HOUSE, NAGARAM AMSOM DESOM, KOZHIKODE). BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENTS: STATE & DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. PRAMOD T.S/O. AYYAPPUTTY, KACHILETH HOUSE, RAMANATTUKARA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.JIJO PAUL FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3537 of 2008 ------------------------------------- Dated this the 22nd day of September, 2008 ORDER Petitioner, who faces indictment in a prosecution under Section 420 I.P.C and the case against him has been transferred to the list of Long Pending Cases and who further is faced by a non bailable warrant issued by the learned Magistrate to procure his presence, has come rushing to this Court along with the defacto complainant with this application under Section 482 Cr.P.C to quash the proceedings initiated against him. The offence alleged is only the one punishable under Section 420 I.P.C, which is compoundable under Section 320(2) Cr.P.C. 2. I find absolutely no justification in the prayer for invocation of the extraordinary inherent jurisdiction under Section 482 Cr.P.C. It is for the petitioner to appear before the learned Magistrate along with the defacto complainant and seek composition of the offence under Section 320 Cr.P.C. This Court has time and again held that personal presence of the accused persons need not invariably be insisted for considering acceptance of the composition by the defacto complainant/victim. Crl.M.C. No.3537 of 2008 2 The defacto complainant/victim is represented by a counsel before me. The counsel confirms that the offence under Section 420 I.P.C has been compounded. But I must still resist the temptation to accept the joint request and quashing the prosecution under Section 482 Cr.P.C invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C for the reason that what is claimable from the court below should have been claimed there and there is no justification for the petitioner to rush to this court with this petition under Section 482 Cr.P.C. For composition of a compoundable offence, parties must and need approach only the learned Magistrate. 3. I am, in these circumstances, of the opinion that this Crl.M.C deserves to be dismissed with the above observations though I am satisfied from the submissions made at the Bar that the defacto complainant has compounded the compoundable offences alleged against the petitioner. I do so. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-