The petitioner is the accused in C.C.No.820 of 2015 of the Judicial First Class Magistrate's Court, Karunagappally, for the offence under Section 379 IPC.

2. The offence was allegedly committed on 02.03.2008. Subsequently, as per Criminal Procedure (Amendment) Act, 2008, which has come into force on 31.12.2009, the offence of theft under Section 379 IPC is made compoundable irrespective of the value of the subject matter, and the owner of the property stolen has been given the power to compound the offence. Based on the amendment, the petitioner along with the defacto complainant filed an application seeking permission to compound the offence as C.M.P.No.6464 of 2015 before the court below.

3. Through Annexure-III order, the court below has dismissed the C.M.P. by stating that the amendment was through Criminal Procedure (Amendment) Act, 2010 and the same was with effect from 31.12.2009. The said finding is totally erroneous.

4. The amendment in question was through the Code of Criminal Procedure (Amendment) Act, 2008 and the same came into force on 31.12.2009. Nowhere in the Amendment Act, it is specified that the said amendment has only prospective operation. Being an amendme