IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3240 of 2008()
1. T.C.SANKARAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SUB INSPECTOR
... Respondent
2. BANK MANAGER, ORIENTAL BANK OF
For Petitioner :SRI.DEEPU THANKAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3240 of 2008
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Dated this the 29th day of September, 2008
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Section 420 I.P.C. Some
of the offences alleged are not compoundable. Trial has already
commenced. The same is at the fag end. The petitioner came to
this court to report that the matter was settled. In WPC 18694 of
2008 judgment was pronounced observing that the petitioner can
report composition/settlement of the compoundable offences
before the court below.
2. Report of the learned Magistrate shows that a proper
application for composition of the compoundable offences has
not been filed so far. The petitioner has now come before this
Court with this petition under Section 482 Cr.P.C. to invoke the
dictum in Madan Mohan Abbot v. State of Punjab (2008
AIR SCW 2287) and to quash the proceedings against him. It is
his assertion that the matter has been settled between the parties.
Crl.M.C.No. 3240 of 2008
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Time has been granted. But so far no application for composition has
been filed. The respondent has not entered appearance. Eventhough
sufficient time has been granted, there is no report of composition by
the defacto complainant.
3. In extra ordinary circumstances, in the interests of justice,
even the composition of non-compoundable offences can, in
appropriate cases, be reckoned as sufficient reason to invoke the extra
ordinary inherent jurisdiction under Section 482 Cr.P.C. But in the
instant case, there is absolutely no satisfactory material to satisfy this
court that the matter has been settled by the contestants. It is prayed
that notice may be issued to the defacto complainant, in which event,
he will appear and report composition.
4. I am not persuaded to issue any such notice. The offence is
not compoundable and it is not necessary to solicit the party to
compound the offence. Report of the learned Magistrate has been
perused and I am satisfied about the need for expeditious disposal of
C.C. 321 of 2006, in which trial has made much headway.
Crl.M.C.No. 3240 of 2008
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5. This Crl.M.C. is hence dismissed. I may hasten to observe
again that if the parties have settled the matter by now, it will be open
to them to file appropriate application for composition of
compoundable offences before the learned Magistrate, which shall be
considered by the learned Magistrate on merits. Needless to say, the
petitioner can produce all materials before the Magistrate to show that
the matter has been compounded.
(R. BASANT)
Judge
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