The High Court of Kerala, in a criminal miscellaneous petition seeking quashal of proceedings for compoundable offences, dismissed the petition. The court held that since the offences are compoundable under Section 320 CrPC, the appropriate remedy lies with the Magistrate for leave to compound, not the inherent jurisdiction under Section 482 CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931
Crl.MC.No. 2276 of 2009() -----------------------------------CRIME NO.694/2008 OF MUNAMBAM POLICE STATION.
PETITIONERS/ACCUSED.
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1. SEBASTIAN,S/O.LONI, MATTAKKAL HOUSE, PALLIPPET P.O., ERNAKULAM DISTRICT.
2. VIPIN, S/O.BAIJU, VALIYAVEETTIL HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT.
3. TENSON THOMAS, S/O.THOMAS, KADAYAPARAMBIL HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT.
4. LIJEN, S/O.BAIJU, VALIYAVEETIL HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT.
5. PHINSON, S/O.STEPHEN,ACKAPPILLY HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT.
6. SAJESH T.S., S/O.SANTHOSH, THANDASSERY HOUSE, PALLIPET P.O., ERNAKULAM DISTRICT.
BY ADV. MR.RAFFEEKH.K
RESPONDENTS/DEFACTO COMPLAINANT/STATE.
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
2. MANUAL, AGED21 YEARS, S/O.FELIX, CHARAKKATU HOUSE, MUNAMBAM, PALLIPET P.O., ERNAKULAM DISTRICT.
R1 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. R2 BY ADV. MR.O.C.LAIJU .
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
M.Sasidharan Nambiar, J.
Crl.M.C.No.2276 of 2009
ORDER
Petitioners are the accused and second
respondent, the defacto complainant in Crime No. 694/2008 of Munambam Police Station, registered for offences under Sections 341, 323 and 324 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure contending that, as evidenced by Annexure-2 affidavit of the second respondent, all the disputes were settled and therefore, it is not necessary to proceed with further investigation or trial.
CRMC 2276/09 2
Magistrate on 16.3.2009.
are all compoundable as provided under Section 320 of Code of Criminal Procedure. If the offences are compounded, as claimed by the petitioners and second respondent, they can approach the Magistrate for leave to compound the offences. When offences are compoundable, it is not for this Court to exercise the inherent jurisdiction under Section 482 of Code of Criminal Procedure.
With liberty to the petitioners and second respondent to approach the Magistrate for permission to compound the offences, petition is dismissed.
10th August, 2009 (M.Sasidharan Nambiar, Judge) tkv
1 issue framed by the court
Whether the High Court should exercise inherent jurisdiction under Section 482 CrPC to quash proceedings in a case involving compoundable offences where disputes are settled.
4 provisions across 2 enactments
Sebastian and others
State of Kerala
Manual
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
