SANJAY RAJ Vs. ANOOP ABDUL KHADER

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution, inter alia, under Section 420 I.P.C. All offences are compoundable, it is submitted. The complainant has compounded the offence. The petitioner has come to this Court with a prayer to invoke the powers under Section 482 Cr.P.C to quash the proceedings. Cognizance was taken on the basis of a final report submitted by the police.

(2.) The offence being compoundable, It is for the petitioner to appear before the learned Magistrate and pray for composition. I find no reason to invoke the powers under Section 482 Cr.P.C when the offence is admittedly compoundable.

(3.) Counsel submits that the complainant is residing abroad and that it is not possible for the complainant to appear before the learned Magistrate. Certainly an application through power of attorney holder can be presented before the learned Magistrate praying for composition. The learned Magistrate must certainly consider such application on merits and in accordance with law. At any rate, I find no reason to invoke the powers under Section 482 Cr.P.C.