High Court Kerala High Court

Rajesh vs State Of Kerala on 22 November, 2010

Kerala High Court
Rajesh vs State Of Kerala on 22 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1457 of 2010()


1. RAJESH, S/O.GOPALAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. MAMPAZHATHARA SALIM,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :SRI.C.SINOY

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/11/2010

 O R D E R
                   M.SASIDHARAN NAMBIAR, J.
          --------------------------------------------------------
                     Crl.M.C No.1457 OF 2010
          ---------------------------------------------------------
         Dated this the 22nd day of November, 2010.


                                O R D E R

Petitioner is the accused in C.P.No.124 of 2008 on the file of

Judicial First Class Magistrate Court-I, Punalur, now pending as

L.P.No.67 of 2009. Petition is filed under Section 482 of Code of

Criminal Procedure, to quash the cognizance taken for the

offence under Section 307 of Indian Penal Code, contending that

entire disputes were settled amicably with the injured second

respondent evidenced by Annexure-III the joint petition filed by

the second respondent injured and the petitioner.

2. Learned counsel appearing for the petitioner, second

respondent and learned Public Prosecutor were heard.

3. The argument of the learned counsel appearing for the

petitioner is that though offence under Section 307 of Indian

Penal Code is not compoundable in view of the decision of the

Apex Court in Madan Mohan Abbot v. State of Punjab (2008

(3) KLT 19 SC), the case is to be quashed. The Hon’ble

Supreme Court in Manoj Sharma v. State, (2008 (4) KLT

417), considered the decision in Madan Mohan Abbot’s case and

Crl.M.C No.1457 OF 2010 2

held that based on that principle, all the offences taken

cognizance cannot be quashed and cognizance of an offence

under Section 307 of Indian Penal Code cannot be quashed. In

view of the decision of the Apex Court in Manoj Sharma’s case

the case cannot be quashed and the petition can only be

dismissed.

4. Learned counsel thus submitted that as a non bailable

warrant is pending, a direction may be issued to the Magistrate

to consider the application to be moved on the date of surrender.

When an accused surrenders and files an application for bail,

Magistrate is expected to pass orders on the application without

delay. I find no reason to believe that the Magistrate is unaware

of the provisions of law or the decisions of this court or that the

Magistrate will not act in accordance with law. Hence no direction

is warranted. Petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE.

mns