Disposed

Santhosh v. State of Kerala

Kerala HC9 Apr 2012Crl.MC/858/2012

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashment of a final report primarily based on a plea of settlement. The court rejected the quashment plea because the alleged offence of forceful entry (Section 452 IPC) is non-compoundable, though the court noted the complaint might not fully reveal that specific offence. The petition was disposed of with liberty to seek discharge and compounding.

What did the court decide?

Petition disposed of with liberty to seek discharge for Section 452 IPC and file a compounding petition for other compoundable offences.

Santhosh Vs State of Kerala — Quashing and FIR | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN MONDAY, THE 9TH DAY OF APRIL 2012/20TH CHAITHRA 1934 Crl.MC.No. 858 of 2012 (B) -------------------------

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CC.723/2011 of J.M.F.C.,VADAKARA.

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PETITIONER(S): ------------SANTHOSH, S/O BALAN, AGED 21 YEARS, CHERIYA RAYAROTH HOUSE, THODANNUR AMSOM DESOM, VATAKARA TALUK.

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BY ADV. SRI.MOHANAN V.T.K.

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COMPLAINANT(S): ---------------

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. 2. K.BALAN, S/O KANNAN, NO.41/2000, 'DHANUSH', EDODI, VADAKARA. 3. RAJEESH, S/O RAGHAVAKURUP, VANGAPARAMBTH HOUSE, KALLATHOOR P.O. 4. DILEEP KUMAR, S/O BALAN, NELLIYOTTU HOUSE, KOTTAPPALLY AMSOM, DESOM. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN. R2 TO R4 BY ADV. SRI.P.NARAYANAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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---------------------------Crl.M.C.No. 858 OF 2012

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-------------------------Dated this the 9^th day of April, 2012.

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O R D E R

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In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the accused in C.C.No.723/2011 on the file of the Judicial Magistrate of the First Class, Vatakara for offences under Sections 323, 324 and 452 IPC seeks an order to quash Annexure A final report accusing the above offences with a plea that the matter has been settled between the parties. But I find that the offence under Section 452 IPC is not compoundable. So, no question of compounding arises. Neither it is appropriate to quash the final report on plea of settlement of non compoundable offence. According to the learned counsel for the petitioner no offence under Section 452 IPC is revealed out by the averments in the complaint

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Crl.M.C.No. 858 OF 2012 2

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and only offences under Sections 323, 324 and 451 IPC are made out complaint and that all offences are compoundable as on the date of crime. If there is any bona fide in the plea, the petitioner can very well seek for discharge for offence under Section 452 IPC and can file a petition for compounding the other offences. No intervention of this court is warranted.

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In the result, this petition is disposed of with liberty to the petitioner to seek for discharge under Section 239 of the Code of Criminal Procedure for offence under Section 452 IPC and for filing compounding petition regarding the other offences which are compoundable on the date of crime.

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The learned Magistrate is directed to consider and dispose of the application for discharge and compounding on the date of filing. The learned counsel for

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Crl.M.C.No. 858 OF 2012 3

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the petitioner would submit that the petitioner is employed abroad and he is not in a position to appear before the trial court on every posting date and that his petition for exemption from personal attendance and release of passport was also declined by the learned Magistrate. In the event the allegations in the final report would not make out offence under Section 452 IPC and other offences are compoundable, the petitioner could file a compounding petition before the trial court even in his absence. See the decision in Mathew Vs. State of Kerala ( 1986 KLT 128).

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P.S.GOPINATHAN, JUDGE

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amk

Santhosh v. State of Kerala

Case brief

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Santhosh v. State of Kerala

Case brief

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