Court disposed of a criminal miscellaneous petition seeking quashing of proceedings or direction to file compounding petition in accused absence. Held settlement permits compounding without accused presence.
Direction given to trial court to file compounding petition in absence of accused.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
THURSDAY, THE 23RD DAY OF FEBRUARY 2012/4TH PHALGUNA 1933 Crl.MC.No. 366 of 2012 (A)
CC.1385/2011 of J.M.F.C-I, KASARAGOD
PETITIONER(S)/ACCUSED NOS. 1 TO 4:
COMPLAINANT(S)/STATE, DEFACTO-COMPLAINANT :
HIGH COURT OF KERALA, ERNAKULAM.
AGED 23 YEARS, S/O.GOPALAKRISHNAN
ASHOK NAGAR, KASABA VILLAGE
KASARAGOD DISTRICT.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
amk
P.S.GOPINATHAN, J.
Crl.M.C.NO. 366 OF 2012
Dated this the 23rd day of February, 2012
O R D E R
In this petition under Section 482 of the Code of Criminal Procedure, the petitioners, who are the accused in Crime. No. 196/2011 of Kasaragod Police Station for offences under Sections 323, 324 read with 34 of the Indian Penal Code, seek to quash the proceedings pending against the petitioners as C.C.No.1385 of 2011 on the file of the Judicial Magistrate of the First Class-I, Kasaragod which was taken on file pursuant to Annexure A final report or in the alternate direct the learned Magistrate not to insist the presence of the petitioner while recording the evidence in the case.
Today when the petition came up for admission, the learned counsel for the petitioners submitted that the matter has been settled between the parties
2
Crl.M.C.NO. 366 OF 2012
and that the compounding petition could not be filed before the trial court since all the accused are now abroad and that the petitioner would be satisfied if a direction is given to the trial court to file a compounding petition in the absence of the accused. None of the provisions in the Procedure Code insist the presence of the accused for filing a compounding petition under Section 320 of the Code of Criminal Procedure. Therefore, if the matter is settled, the defacto complainant and other injured can file a petition for compounding even in the absence of the accused. With this observation this petition is disposed of.
P.S.GOPINATHAN JUDGE
DSV/-
Crl.M.C.NO. 366 OF 2012 3
3 issues framed by the court
Whether the trial court can be directed to file a compounding petition in the absence of all accused persons when the matter is settled between the parties.
Whether provisions of the Procedure Code insist the presence of the accused for filing a compounding petition under Section 320.
Whether proceedings under Section 323, 324 read with 34 IPC can be quashed on settlement.
3 provisions across 2 enactments
RANJITH N.
RATHEESH N
RAGESH R.
RAJESH N @ RAJAN
STATE
P.S.GOPINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
