IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Crl.MC.No. 235 of 2009() ------------------------ CRIME NO. 1233/06 OF KOLLAM EAST POLICE STATION PETITIONER(S): --------------- SHIJU.S, S/O.STEPHEN, AGED 30 YRS, RESIDING AT EDAKUNNATHU HOUSE, NEENDAKARA.P.O, KOLLAM DISTRICT. BY ADVS. SMT.REKHA VASUDEVAN SRI.ANIL THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. K.SANALKUMAR,PROPRIETOR,RELIANCE AGENCIES,PALLIMUKKU, KOLLAM RESIDING AT HOUSE NO. 153,NEHRU NAGAR, VADAKKEVILA.P.O,KOLLAM. ADV. SMT.P.RANI DIOTHIMA FOR R2 PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. 235/2009 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1: TRUE COPY OF THE LETTER DATEAD 2.9.2008 ISSUED BY THE PASSPORT OFFICER, TRIVANDRUM. ANNEXURE A2 : TRUE COPY OF THE LETTER DATED 20.11.2008 ISSUED FOR M/S. AHMED MUBARAK DEBT CONSULTANTS, DUBAI ANNEXURE A3 : TRUE COPY OF THE CRL.M.P.NO. 14723 OF 20082008 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 235 OF 2009 --------------------------------- Dated this the 10th day of February, 2009 O R D E R This petition is filed with a prayer to give a direction to the Chief Judicial Magistrate Court, Kollam to advance the hearing of C.C. No. 21/2008 pending before it. The grievance of the petitioner is that the matter has been settled between the defacto complainant and the accused and the case requires a final ending. There is a dispute with respect to the settlement between the parties besides the other legal questions whether it can be compounded or not. This court directed the defacto complainant and Investigating Officer to be present before the court. The Investigating Officer has appeared before the court. The defacto compalinant does not appear before the court and would submit that the mother is laid up and he is unable to come. It is for the defacto complainant to state before the court whether the matter has been settled or not. The question even if it is settled whether the matter can be disposed on the terms of settlement is a legal question to be considered by the courts. Since the defacto complainant is not co-operated, this court is helpless at this stage. Crl.M.C.No. 235/2009 -2- Therefore I dispose of this Crl. M.C with a direction to the Chief Judicial Magistrate to take up the case as and when a petition is moved and thereafter to consider the question whether the matter has been settled and even if it is settled whether the court can put a finality to the litigation for the reason that one being a non compoundable offence. Crl. M.C. is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm