IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Crl.MC.No. 3823 of 2007() ------------------------- CC.691/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI .................... PETITIONER: ------------ A.K.NAZAR, S/O.MOIDEEN BAWA, ANDIKADAVATH VEEDU, RAYARIMANGALAM AMSOM DESOM, PANDEREKADAPPURAM, TANUR, MALAPPURAM DISTRICT BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, TANUR POLICE STATION THROUGH PUBLIC PROSECUTOR BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3823 of 2007 * * * * * * * * * * * * * * * * * * Dated: 01-01-2007 ORDER In this petition filed under Sec. 482 Cr.P.C. the petitioner who is the 3rd accused in Crime No. 286 of 1999 of Tanur Police Station for offences punishable under Sections 143, 147, 148, 323 and 324 read with Sec. 149 I.P.C. seeks to quash the proceedings in C.C. No. 691 of 2004 on the file of the J.F.C.M., Parappanangadi or in the alternative to permit the petitioner to appear through counsel under Sec. 203 Cr.P.C. and also to permit him to compound the compoundable offences, namely those punishable under Sections 323 and 324 I.P.C. In the light of the Full Bench decision in Moosa v. Sub Inspector - 2006 (1) KLT 552 this Court cannot invoke the power under Section 482 Cr.P.C. to quash the proceedings for the reason that the co-accused in the case have been acquitted after trial by the very same court. However, I see no legal impediment in granting the second prayer of the petitioner. This Crl.M.C. is accordingly disposed of permitting the petitioner to file a petition to compound the compoundable offences. In the light of the decision reported in Sasikumar v. State of Kerala - 2007 (3) KLT SN. 48, Crl.M.C. No. 3823 of 2007 -:2:- it goes without saying that even in the absence of the petitioner who is abroad, a petition for compounding can be filed. After the composition of the compoundable offences it is needless to say that the petitioner can plead for discharge with regard to the non- compoundable offences, in case , with the composition of the compoundable offence the substratum of the case ceases to exist. V. RAMKUMAR, (JUDGE) ani.