IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Crl.MC.No. 2291 of 2009() ----------------------------------- CC.1621/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, ALUVA .................... PETITIONERS/ACCUSED 1-2 ------------------------------------------ 1. CHITHAMBARAN PILLAI, MANAGER, CENTURION BANK OF PUNJAB, NORTH PARAVOOR. 2. LAKSHMI @ MUTHULAKSHMI, W/O.CHITHAMBARAN PILLAI, NORTH PARAVOOR. BY ADV. MR.PEEYUS A.KOTTAM MR.KURIAN JOSEPH MR.RENJITH THOMAS RESPONDENTS/STATE AND COMPLAINANT ---------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. 2. BAHULEYEN, S/O.SANKARAN, AGED 70 YEARS, DIRIN NIVAS, PUTHUKALAVATTOM, ELAMAKKARA P.O., COCHIN-682 026. 3. BABY BAHULEYAN, AGED 54 YEARS, DIRIN NIVAS, PUTHUKKALAVATTOM, ELAMAKKARA P.O., COCHIN-682 026. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. BY ADV. MR.NAVEEN THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2291 of 2009 -------------------------- ORDER Accused in C.C.No.1621/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A3 final report, which was taken cognizance by the learned Magistrate, contending that there was a settlement of all disputes with respondents 2 and 3 and in such circumstances, in the interest of justice, the case is to be quashed. Along with the petition, Crl.M.A.No.3920/2009, a joint petition, is filed by respondents 2 and 3 and the petitioners stating that entire disputes between them were settled and disputes are purely of civil nature and in view of the settlement, the offences are to be compounded. 2. Though offences under Sections 406 and 420 of Indian Penal Code are compoundable, an offence under Section 468 of Indian Penal Code is not compoundable and hence, permission to compound the said offences CRMC 2291/09 2 under Section 320 of Code of Criminal Procedure cannot be granted. 3. Learned counsel appearing for the petitioners and respondents 2 and 3 and learned Public Prosecutor were heard. 4. The joint petition filed by respondents 2 and 3 along with the petitioners establish that the entire disputes between them were settled and consequently, it is not, in the interest of justice, to proceed with the case. As held by the Apex Court in Madan Mohan Abbot v. State (2008 (4) KLT 417), when offences alleged against the petitioners are purely personal in nature and there was a settlement of the disputes between respondents 2 and 3 and consequently, chance of a successful prosecution is bleak, it is not, in the interest of justice, to proceed with the case. Petition is allowed. C.C.No.1621/2008 on the file of Judicial First Class Magistrate's Court-II, Aluva as against the petitioners is quashed. 5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv