IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 Crl.MC.No. 1369 of 2009() ------------------------- AGAINST THE ORDER IN LP.64/2003 IN CC.332/2000 of J.F.C.M-I, PERINTHALMANNA ---------------- PETITIONER(S): ACCUSED ---------------------- HUSSAIN, AGED 32 YEARS, S/O.MUHAMMED, THODENGAL HOUSE, PUZHAKKATTIRI AMSOM & KADUNGAPURAM DESOM OF PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): STATE/DE FACTO COMPLAINANT & INJURED --------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY S.I OF POLICE, KOLATHOOR POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. RAMAKRISHNAN, AGED 36 YEARS, S/O.AYYAPPAN, KUNNATH HOUSE, KARUVARAKUNDU AMSOM & DESOM OF NILAMPOOR TALUK, MALAPPURAM DISTRICT. 3. RADHAKRISHNAN, AGED 57 YEARS, S/O.GOVINDHAN NAIR, PALLIYALIL HOUSE, PUZHAKKATTIRI AMSOM & DESOM OF PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. ADV. SRI.DILEEP P.PILLAI FOR R2 & 3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = = Crl.M.C. No. 1369 of 2009 = = = = = = = = = = = = = = = = Dated: 30.04.2009 ORDER Petitioner, who is the accused in C.C.No.332 of 2000 on the file of the J.F.C.M-I, Perinthalmanna, now pending as L.P. No.64/03 and arising out of Crime No.44 of 2000 of Kalathoor Police Station for offences punishable under Sections 325 and 326 IPC seeks to quash the proceedings against the petitioner before the courts below. 2. The learned counsel appearing for the petitioner as well as the 2 and 3rd respondents who are injured persons would submit that the matter has since been settled between the parties. When the offences punishable under Section 326 IPC is not a compoundable offence, subsequent settlement of the dispute between the parties cannot either wipe off the offences or render the said offence compoundable. The proper course for the petitioner is to undergo the trial before the learned Magistrate. Accordingly, this Crl.M.C. is disposed of directing the petitioner to surrender before the learned Magistrate and file an application for regular bail within a period of two weeks from today. In case, the petitioner complies with the above condition, his bail application shall be considered and disposed of on merits preferably on the same date on which it is filed notwithstanding the pendency of non-bailable warrants, if any, against him. The learned Magistrate shall also dispose of the case expeditiously, having regard to the fact that the occurrence is of the year 2000. Dated this the 30th day of April, 2009 V. RAMKUMAR, (JUDGE) sj