IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 4120 of 2010() --------------------- CRIME NO. 1340/09 OF IRINJALAKUDA POLICE STATION ................. PETITIONERS / ACCUSED 1&2: -------------------------------------------- 1. KANNAN, S/O.RAJAN, THAIVALAPPU HOUSE, OLLUR VILLAGE, KUTTANELLUR, THRISSUR. 2. SUNILA, W/O.RAJAN, THAIVALAPPU HOUSE, OLLUR VILLAGE, KUTTANELLUR, THRISSUR. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENTS / COMPLAINANT & STATE: ------------------------------------------------------------- 1. RAMAKRISHNAN, S/O.VELAYUDHAN, AGED 65 YEARS, NAZHIKATHUPARAMBU HOUSE, NEAR SOLVENT COMPANY, CHELOOR, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK-691585. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY ADV. SRI.YASH THOMAS MANNULLY R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4120 OF 2010 =========================== Dated this the 17th day of December,2010 ORDER Petitioners are the accused in C.C.4683/2009 on the file of Judicial First Class Magistrate Court, Irinjalakuda taken cognizance for the offence under sections 341 and 323 read with section 34 of Indian Penal Code. Petition is filed under section 482 of Code of Criminal Procedure contending that entire disputes were settled amicably. 2. First respondent appeared through a counsel and filed an affidavit stating that he has no dispute with the petitioners and he does not intend to proceed with the case as they have settled all the disputes. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. Crl.M.C.4120/2010 2 4. An offence under section 323 and 341 of Indian Penal Code are compoundable, as provided under sub section (1) of Section 320 of Code of Criminal Procedure by the person who was restrained or confined or who sustained the hurt. Even leave of the court is not necessary to compound the said offences. When the offences are compoundable it is not for this court to exercise the inherent power to quash the proceedings. Granting liberty to the first respondent, de facto complainant, to compound the offences, petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006