This Criminal Miscellaneous Case is filed by the petitioners seeking a direction to the second respondent under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that 1st petitioner is the operator of tipper lorry bearing Reg.No.KL-25-A-7078 and 2nd petitioner is the driver of tipper lorry bearing Reg.No.KL-26B- 5747, which were seized by the second respondent alleging that it was used for transportation of gravel without any valid documents, which is an offence punishable under Section 4 read with Section 21 of the Mines & Minerals (Development & Regulation) Act. The said offence is a compoundable offence as per Section 21 of the above said Act and as per Rule 60 A of the Kerala Minor Mineral Concession Rules. The second respondent is bound to accept the compounding petition, if any, filed by the accused and promote compounding. Though the petitioners are prepared to compound the offence and they approached the second respondent for that purpose, the second respondent is not accepting the application to compound the offence. In similar matters, this Court has issued directions to the prosecuting officers to receive compounding application, if any, filed and pass appropriate orders in accordance with law in a time bound manner. So the petitioners have no other remedy except to approach this Court seeking the following reliefs:
i. Direct the 2nd respondent to accept compounding petition from the petitioners and to compound the offence in Annexure A3 and to release the tipper Lorry bearing Reg. No.KL-25-A-7078 and tipper Lorry bearing Reg. No.KL-26-B5747.
ii. Pass such other orders or issue such other directions as this Hon'ble Court may deem just and proper to issue in the circumstances of the case.
3. Considering the nature of reliefs claimed in the petition, this Court felt that the petition can be disposed of at the admission stage itself after hearing the counsel for the petitioners and the learned Public Prosecutor.
4. The counsel for the petitioners submitted that it is not necessary that a crime has to be registered for the purpose of filing the application for compounding and if the prosecuting officer is satisfied that an offence has been committed and the vehicle has been seized, he is bound to allow compounding in view of Section 23 A of the above said Act. But he is not prepared to receive the application for compounding though the petitioners are prepared for the same.
5. The petition was opposed by the Public Prosecutor.
6. It is an admitted fact that 1st petitioner is the operator of tipper lorry bearing Reg.No.KL-25-A-7078 and 2nd petitioner is the driver of tipper lorry bearing Reg.No.KL-26-B-5747, which were used for transportation of gravel without any documents, which is an offence punishable under Section 4 read with Section 21 of the Mines & Minerals (Development & Regulation) Act. Section 23 A of the Act says that the offence is compoundable one and the prosecuting officer has to permit compounding, if the parties are prepared to compound the offence. Rule 60 A of the of the Kerala Minor Mineral Concession Rule also promotes compounding. The allegation of the petitioners is that the second respondent is not prepared to receive the compounding petition filed by them. It is seen from Annexure A4 order produced by the petitioners that in similar matters, this Court has directed the prosecuting officer to receive and dispose of the application for compounding within a time frame. So considering the circumstances, this Court feels that the same yardstick can be applied in this case also and the petition can be disposed of. So the petition is disposed of as follows:
If the petitioners apply for compounding before the second respondent, then the second respondent is directed to receive the same and pass appropriate orders in that application in accordance with law within two weeks from the date of filing of such application.
With the above directions and observations, the petition is disposed of.
The petitioners are directed to produce this order along with the application to be filed requesting for compounding before the second respondent.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge