IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 2617 of 2009() ------------------------------------ C.C.1128/2006 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, KARUNAGAPPALLY. .................. PETITIONERS/ACCUSED NOS.1 TO 5: ---------------------------------------------------- 1. SAJEER, S/O.MUHAMMED KUNJU, MARYATH VEEDU, KOTTAIKKUPURAM, ADHINADVADAKKUMMURI, KULASEKHARAPURAM VILLAGE, KOLLAM DISTRICT. 2. SHAJI, S/O. ASEES, THATTASSERIL VEEDU, KOTTAIKKUPURAM, ADHINADVADAKKUMMURI, KULASEKHARAPURAM VILLAGE, KOLLAM DIST. 3. KUNJUMON, PAREETH KUNJU, MARYATH VEEDU, KOTTAIKKUPURAM, ADHINADVADAKKUMMURI, KULASEKHARAPURAM VILLAGE, KOLLAM DIST. 4. THAHA, S/O. ALIYARU KUNJU, PATTETH THEKKATHIL VEEDU, KOTTAIKKUPURAM, ADHINADVADAKKUMMURI, KULASEKHARAPURAM VILLAGE, KOLLAM DIST. 5. RIYAS, S/O. SHAMSUDHEEN, PUTHENPURAKKAL VEEDU, KOTTAIKKUPURAM, ADHINADVADAKKUMMURI KULASEKHARAPURAM VILLAGE, KOLLAM DIST. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): ------------------------ 1. LAILA BEEVI, W/O. HAMEED KUNJU, IDAPPURAYIL HOUSE, ADHINADVADAKKUMMURI, KULASEKHARAPURAM VILLAGE, KOLLAM DISTRICT. 2. SUHAIL, S/O. YOOSUF KUNJU, KAPPUSSERIL VEEDU, ADHINADVADAKKUMMURI KULASEKHARAPURAM VILLAGE, KOLLAM DISTRICT. Crl.MC.No. 2617 of 2009 3. SUBAIDA BEEVI, W/O. YOOSUF KUNJU, KAPPUSSERIL VEEDU, ADHINADVADAKKUMMURI , KULASEKHARAPURAM VILLAGE, KOLLAM DISTRICT. 4. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R4 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 TO R3 BY ADV. MR. K.H.SAKIR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2617 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.1128/2006 on the file of Judicial First Class Magistrate's Court, Karunagappally. Offences alleged against the petitioners are under Sections 323, 324 and 341 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure contending that in view of the settlement arrived at, in the interest of justice, the case is to be quashed. 2. Annexure-A1 final report shows that prosecution case is that in furtherance of their common intention, petitioners wrongfully confined and caused hurt to CW1 Hammed Kunju, CW2 Suhail and CW3 Subaida Beevi. CWs 2 and 3 are respondents 2 and 3. According to the petitioners, CW1 Hammed Kunju is no more and his widow is the first respondent and the case is settled with the respondents. 3. Under Section 320 of Code of Criminal Procedure, all the offences are compoundable. When CRMC 2617/09 2 offences are compoundable, it is not for this Court to exercise the extraordinary inherent power under Section 482 of Code of Criminal procedure to quash the case pending before the Magistrate. Petitioners, along with respondents 2 and 3 and legal heirs/representatives of CW1 Hameed Kunju, are entitled to approach the Magistrate for permission to compound the offences. Learned counsel appearing for the petitioners submitted that presence of the petitioners may not be insisted for seeking permission to compound the offences. I do not find any reason for the Magistrate to insist for the presence of an accused to grant permission to compound the offences, if it is satisfied that persons, who are competent to compound the offences under Section 320 of Code of Criminal Procedure, filed the application and satisfies the Magistrate that offences are compounded. Petition is disposed accordingly. 24th August, 2009 (M.Sasidharan Nambiar, Judge) tkv