IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.624-625 OF 2009 (Arising out of S.L.P. (Crl.) Nos.5711-5712 of 2007)

Rajesh @ Rajesh Kannan      ...Appellant(s)

Versus

A.K. Murthy and Ors.      ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The appellant lodged complaint dated 6.12.2004 against respondent No.1

alleging commission of  offence  by  the latter  under  various  Sections  of  the  Indian

Penal Code including Sections 419, 468 and 420 read with Section 120(B) of I.P.C.

After about three months, he filed Writ Petition No.3620 of 2005 before the Madras

High Court for issue of a direction to the police to register the case.  The same was

allowed by the High Court and a direction was issued for registration of case on the

basis  of  the  appellant’s  complaint.   Thereafter,  by  an  order  dated  16.4.2007,  XI

Metropolitan Magistrate, Saidapet, Chennai issued summons to respondent Nos.1 to

4.  Respondent No.1 challenged that order in CRL. O.P. No. 20556 of 2007 and prayed

that the proceedings in C.C. No. 3396 of 2007 be quashed.  By the Impugned order,

the  High  Court  admitted  the  petition  filed  by  respondent  No.1  and  directed  the

parties  to  appear  before  the  Tamil  Nadu  Mediation  and  Conciliation  Centre  by

observing that the dispute  may be amicably  settled through mediation.

...2/-

- 2 -  

Undisputedly, the offence under Section 468 I.P.C. is not compoundable.  This being

the position, the High Court was not justified in referring the matter to the Tamil

Nadu Mediation and Conciliation Centre.

Accordingly, the appeals are allowed, impugned order is set aside and the

matter is remitted to the High Court to dispose of the petition under Section 482 of

the Code of Criminal Procedure, 1973, in accordance with law.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 02, 2009.