IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3710 of 2008() ------------------------- CC.294/2006 of J.F.C.M-V, KOZHIKODE CRIME FIR NO.83/06 OF BEYPORE POLICE STATION, KOZHIKODE .................... PETITIONER(S): --------------- 1. DIVAKARAN, AGED 55 YEARS, S/O.BAPPU, KUNDUPURATH HOUSE, BEYPORE AMSOM, ARAKKINAR.P.O, KOZHIKODE. 2. SHYJU, AGED 25 YEARS, S/O.DIVAKARAN, KUNDUPURATH HOUSE, BEYPORE AMSOM, ARAKKINAR.P.O, KOZHIKODE. BY ADV. SRI.MANJERI SUNDERRAJ SRI.MANJERI SUBIN SUNDER RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA-- STATION HOUSE OFFICER, BEYPORE POLICE STATION, KOZHIKODE, CRIME NO.83/06 REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. 2. SIVADASAN, AGED 53 YEARS, S/O.CHOYIKUTTY, MELAYIL VEEDU, VALIYAKAD PARAMBA BEYPORE AMSOM, ARAKINAR, KOZHIKODE. 3. REMA, AGED 47 YEARS, W/O.SIVADASAN, MELAYIL VEEDU, VALIYAKAD PARAMBA, BEYPORE AMSOM, ARAKINAR, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SMT.K.K.PREETHA FOR R2,R3. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3710 of 2008 ------------------------------------- Dated this the 3rd day of October, 2008 ORDER Petitioners are accused in a prosecution for offences punishable, inter alia, under Section 354 I.P.C. The petitioners have come to this Court for directions under Section 482 Cr.P.C to quash the proceedings initiated against them. All offences alleged are compoundable under Section 320 Cr.P.C. The only ground urged in support of the prayer for quashing the proceedings is that the offences have been compounded by the victims. 2. If the offences are compoundable, the parties have settled their disputes and the victims had compounded the offences, the remedy of the petitioners lies before the learned Magistrate and it is not necessary to entertain this application under Section 482 Cr.P.C. The petitioners must approach the learned Magistrate along with complainants and report such composition before the learned Magistrate. Appropriate orders must be passed by the learned Magistrate on such application for composition. I find absolutely no justification in the prayer to invoke the extraordinary inherent jurisdiction under Section 482 Crl.M.C. No.3710 of 2008 2 Cr.P.C made by the petitioners, who have not exhausted the remedy available to them under Section 320 Cr.P.C. 3. This Crl.M.C is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) rtr/-