IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Crl.MC.No. 1369 of 2010() ------------------------------------- C.C.640/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, RANNI CRA.60/2010 OF SESSIONS COURT, PATHANAMTHITTA. CRIME NO.186/2004 OF PERUNAD POLICE STATION. ................ PETITIONER/ACCUSED: ----------------------------------- 1. JAYAKUMAR, AGED 39 YEARS, S/O.M.G. RAGHAVAN NAIR, PADMAYIL VEEDU MADAMON THEKKEKKARA MURI, PERUNAD VILLAGE RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. SUDEESH KUMAR @ SUMESH, AGED 36 YEARS S/O.M.G. RAGHAVAN NAIR, PADMAYIL VEEDU, MADAMON THEKKEKKARA MURI, PERUNAD VILLAGE RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT/DE-FACTO COMPLAINANT/STATE: -------------------------------------------------------------------------------------------------- 1. SOMARAJAN NAIR, AGED 52, S/O.RAGHAVAN NAIR, THENGUMTHOPPIL HOUSE, MADAMON THEKKEKKARA MURI, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. THE SUB INSPECTOR, PERUNAD POLICE STATION, 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SRI. JOHNY K. GEORGE. R2 & R3 BY PUBLIC PROSECUTOR SRI.M.R. VENUGOPAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.L. JOSEPH FRANCIS, J. = = = = = = = = = = = = = = = Crl.M.C. No.1369 of 2010 = = = = = = = = = = = = = = = Dated this the 23rd day of April, 2010. O R D E R The petitioners are the accused in Crime No.186/04 of Perunad Police Station in C.C.640/04 on the file of the Judicial First Class Magistrate No.1, Ranni now pending as Cr.Appeal No.60/2010 on the file of the Sessions Court, Pathanamthitta alleging offences u/Ss.324, 326 r/w S.34 of IPC. The prosecution case was that on 26.10.04 the accused persons beat the defacto complainant with a stick and causing injuries on the defacto complainant. The complaint was registered as Crime No.186/04 of Perunad Police Station and the case was tried by the learned Magistrate and the petitioners were convicted under S.324 of IPC. The accused persons are convicted and sentenced to undergo simple imprisonment for a period of 6 months each and to pay a fine of Rs.10,000/- each and in default to undergo simple imprisonment for a further period of two months each. The petitioners/accused had filed criminal appeal before the Crl.M.C. No.1369 of 2010 -2- Sessions Court as Cr.Appeal No.60/10 and now it is pending. Now the petitioners and the defendant settled all the differences on 17.4.10 and the 1st respondent had agreed to withdraw the criminal proceedings initiated by him. The Notary attested Affidavit filed by the 1st respondent withdrawing the criminal proceedings initiated by him is produced. 2. The 1st respondent and the petitioners filed compounding petitions stating that they have settled the matter. 3. An offence under S.324 of IPC is not a compoundable offence. Therefore the learned Sessions Judge cannot be directed to permit the parties to compound the offence in Crl.A.60/10 pending before the Sessions Court, Pathanamthitta. Since the matter is amicably settled, in order to secure the ends of justice the criminal proceedings have to be quashed by exercising the extraordinary inherent power u/s 482 of Cr.P.C. 4. Accordingly this petition is allowed. The conviction and sentence passed by the Judicial First Class Magistrate, No. 1 Ranni in C.C.640/04 is set aside and Crl.A.60/10 pending before the Sessions Court, Pathanamthitta as well as C.C.640/04 on the Crl.M.C. No.1369 of 2010 -3- file of the Judicial First Class Magistrate, No.1, Ranni are quashed. Crl.M.C. is allowed to that extent. M.L. JOSEPH FRANCIS, JUDGE. ul/-