Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 16TH DAY OF AUGUST 2013 25TH SRAVANA, 193521082013 Crl.MC.No. 3385 of 2013 () --------------------------- CRIME NO.74/2006 OF KUZHALMANNAM POLICE STATION, WHICH IS LATER CHARGE SHEETED AS C.C.NO.130/2006 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NOW PENDING AS CRL.A NO.311/2011 BEFORE THE ADDITIONAL SESSIONS COURT (FAST TRACK COURT-III) PALAKKAD. PETITIONER/ACCUSED NO.1/APPELLANT:-: ------------------------------------ KORAN, AGED 7 YEARS, S/O.AYYAPPAN, KANIYAMKODE VEEDU, KALKKULAM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADVS.SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS/STATE AND DEFACTO COMPLAINANT:-: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM ”
031.
2. KALYANI, AGED 6 YEARS W/O.AARU, KANIYAM VEEDU, KALKULAM ALATHUR TALUK, PALAKKAD DISTRICT ”
741. R2 BY ADV. SRI.N.P.PRAJEESH BY PUBLIC PROSECUTOR SRI.ROY THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3385 of 2013 () APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE FINAL REPORT IN C.C.NO.130/2006 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD. ANNEXURE B: COPY OF THE JUDGMENT DATED 26 5.2011 IN C.C.NO.130/2006 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALAKKAD. ANNEXURE C: THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY RESPONDENT NO.2, DEFACTO COMPLAINANT. RESPONDENTS ANNEXURES: NIL //True Copy// P.A to Judge ab P.BHAVADASAN,J --------------------------------------------- Crl.M.C No. 3385 of 2013 ---------------------------------------------- Dated this the 16th day of August, 2013 ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure to quash the final report in C.C.No.130/2006, which arose in Crime No.74/2006, which is now pending as Crl.A No.311/2011 on the file of the Addl. Sessions Court (Fast Track Court III), Palakkad. It is unnecessary to go into the facts of the case for the simple reason that compounding petition has been filed before this Court and pointing out that the parties have settled the matter between them, the petitioner seeks to have the matter quashed.
2. The offence alleged is under Section 325 of the Indian Penal Code. Going by Section 320 of the Code of Criminal Procedure the offence under Section 325 of the Indian Penal Code is compoundable. Section 320(6) enables the parties to compound the offence at any stage of the proceedings. If that be so, the compounding petition will have to be filed before the Appellate Court, where the appeal is pending and the Court has to consider the application on merits. In view of Section 320 of Crl.M.C No. 3385 of 2013 :
2. : the Code of Criminal Procedure, it is unnecessary for this Court to exercise the power under Section 482 of the Code of Criminal Procedure. If the petitioner files a compounding petition under Section 320 of the Code of Criminal Procedure before the appellate Court the appellate court shall consider the same within a period of two weeks from the date of filing of the petition. P.BHAVADASAN JUDGE ab