IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Crl.MC.No. 3111 of 2011() ------------------------- CC.351/2010 of JUDL.MAGISTRATE OF FIRST CLASS, KARUNAGAPPALLY .................... PETITIONER(S)/3RD ACCUSED :- --------------------------------------------- GOPAKUMAR, S/O.GOPINATHAN, KOTTAKKATTU KIZHAKKATHIL, PULIYOOR SOUTH, KARUNAGAPPALLY. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S)/TATE :- ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. ADDL.2. DEVADAS, DEVADAS MANDIRAM, P.V.SOUTH, EDAKKULANGARA P.O., KARUNAGAPPALLY. ADDL.R2 IMPLEADED AS PER ORDER DATED 23.9.2011 IN CRL.M.A.No.6318/2011. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON ON 27/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No.3111 of 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the F.I.R. in Crime No.201/2008 of the Karunagappally Police Station. Annexure B :- Copy of the charge sheet in C.C.318/2008 of the Judicial First Class Magistrate Court, Karunagappally dated 4.3.2008. Annexure C :- Copy of the English translation of Annexure B. Annexure D :- Copy of the order alongwith the compounding petition and sanction petition in C.C.318/2008 of the Judicial First Class Magistrate, Karunagappally dated 28.4.2010. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3111 of 2011 ----------------------------------- Dated this the 27th day of September 2011 O R D E R The petitioner is the 3rd accused in C.C.No.351/2010 on the file of J.F.C.M., Karunagappally. Originally the case was taken on file against four accused as C.C.No.318/2008. The offences alleged are under Secs.323 and 325 r/w 34 of IPC. All the offences are compoundable with the permission of the court. The case was in fact settled between the parties. A compromise petition was filed before the trial court when the case was pending as C.C.No.318/2008. Since at that time this petitioner was not in station, the case against him was not allowed to be compounded by the learned Magistrate. Now, the petitioner has come down to the native place. A copy of the compounding petition has been produced by the learned counsel for the petitioner in support of his submission. In fact, the de facto complainant shown as the first witness had signed the petition to the effect that the petition is to be Crl.M.C. No.3111 of 2011 -: 2 :- compounded as against all the accused including the petitioner herein. Though the notice was issued to the de facto complainant and though he received the notice, he did not object to the relief that is requested for in this petition. The learned Public Prosecutor also submits that the information received is that the parties had already settled the matter. The learned counsel submits that this petitioner has to go abroad as his Visa is to expire on 30.9.2011. Considering all the aspects, in view of the fact that the parties had already settled the matter, this petition is allowed. In the result, this Crl.M.C. is allowed. Further proceeding in C.C.No.351/2010 on the file of J.F.C.M., Karunagappally is quashed. N.K.BALAKRISHNAN, JUDGE. Jvt