IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3240 of 2008() ------------------------- CC.321/2006 OF THE SPECIAL JFMC COURT (MARAD CASES) KOZHIKODE. .................... PETITIONER/ACCUSED: --------------- T.C.SANKARAN, S/O.C.K.CHATHAPPAN, THOTTUMPURATH VEEDU ARTHATTU.PO., KUNNAMKULAM. BY ADV. SRI.DEEPU THANKAN SMT.O.H.NAZEEBA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CALICUT TOWN, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BANK MANAGER, ORIENTAL BANK OF COMMERCE, AL BAB AQARE, COURT JN., CHEROOTTY ROAD, CALICUT-673 001. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3240 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 420 I.P.C. Some of the offences alleged are not compoundable. Trial has already commenced. The same is at the fag end. The petitioner came to this court to report that the matter was settled. In WPC 18694 of 2008 judgment was pronounced observing that the petitioner can report composition/settlement of the compoundable offences before the court below. 2. Report of the learned Magistrate shows that a proper application for composition of the compoundable offences has not been filed so far. The petitioner has now come before this Court with this petition under Section 482 Cr.P.C. to invoke the dictum in Madan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) and to quash the proceedings against him. It is his assertion that the matter has been settled between the parties. Crl.M.C.No. 3240 of 2008 2 Time has been granted. But so far no application for composition has been filed. The respondent has not entered appearance. Eventhough sufficient time has been granted, there is no report of composition by the defacto complainant. 3. In extra ordinary circumstances, in the interests of justice, even the composition of non-compoundable offences can, in appropriate cases, be reckoned as sufficient reason to invoke the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. But in the instant case, there is absolutely no satisfactory material to satisfy this court that the matter has been settled by the contestants. It is prayed that notice may be issued to the defacto complainant, in which event, he will appear and report composition. 4. I am not persuaded to issue any such notice. The offence is not compoundable and it is not necessary to solicit the party to compound the offence. Report of the learned Magistrate has been perused and I am satisfied about the need for expeditious disposal of C.C. 321 of 2006, in which trial has made much headway. Crl.M.C.No. 3240 of 2008 3 5. This Crl.M.C. is hence dismissed. I may hasten to observe again that if the parties have settled the matter by now, it will be open to them to file appropriate application for composition of compoundable offences before the learned Magistrate, which shall be considered by the learned Magistrate on merits. Needless to say, the petitioner can produce all materials before the Magistrate to show that the matter has been compounded. (R. BASANT) Judge tm