IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.MC.No. 3144 of 2009() ------------------------- AGAINST THE ORDER IN CMP 2955/2009 IN CC.462/2008 of JUDL. MAGISTRATE OF FIRST CLASS, PEERUMEDU .................... PETITIONER(S): PETITIONER/DEFACTO COMPLAINT ------------------------------------------- SUBBAYYAN, S/O.ALAKAL, SUBEESH BHAVAN VEETTIL, CHELIMADA BHAGAM KUMILY KARA, KUMILY VILLAGE. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. S.I.OF POLICE, KUMILY POLICE STATION, KUMILY, IDUKKI DIST. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. SIDIQUE, S/O.ABDUL KAREEM, METTIL HOUSE, KUMILY. R1 & R2 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3144 OF 2009 ------------------------------------------ Dated 14th October 2009 O R D E R Petitioner is the de facto complainant in C.C.462/2008 on the file of Judicial First Class Magistrate, Peermade taken cognizance for the offence under Sections 379 of Indian Penal Code, as against third respondent. Prosecution case is that petitioner is a consumer of Bharath Gas and a Gas cylinder of Bharath Gas, supplied to the petitioner was stolen by third respondent from his possession and he thereby committed the offence under Section 379 of Indian Penal Code. While the case is pending before the learned Magistrate, dispute with third respondent was settled amicably and petitioner filed C.M.P.2955/2009 for permission to compound the offence under Section 320(2) of Code of Criminal Procedure. Learned Magistrate under Annexure-III order dismissed the petition holding that petitioner is only a consumer of Bharath Gas and not the owner of the cylinder and therefore, the offence cannot be compounded. This CRMC 3144/09 2 petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-III order and to permit compounding of the offence. 2. An offence under Section 379 of Indian Penal Code is compoundable under Section 320(2) of Code of Criminal Procedure with leave of the court, if the value of the property stolen does not exceed two thousand rupees. Even the case of the prosecution is that value of the Gas cylinder is only Rs.900/-. Therefore, permission could be granted to compound the offence. Learned Magistrate did not grant the permission for the reason that petitioner is not the owner of the cylinder as the Gas cylinder belongs to Bharath Gas. 3. As rightly pointed out by the learned counsel appearing for the petitioner, though the ultimate owner of the Gas cylinder is Bharath Gas, it was stolen from the possession of the petitioner and the Gas cylinder was in fact supplied by the agency to the petitioner as he is the consumer. In such circumstances, I find no reason to deny the permission sought for by the petitioner to compound the offence, when he is the consumer and whose Gas cylinder was CRMC 3144/09 3 stolen by third respondent. Permission to compound the offence is granted. Petition is allowed. Annexure-III order is quashed. Permission is granted under Sub Section 2 of Section 320 of Code of Criminal procedure to compound the offence in C.C.462/2008. Offence is compounded. M.SASIDHARAN NAMBIAR, JUDGE. uj.