IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Crl.MC.No. 2083 of 2009() ------------------------------------ CRMP.5923/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): ---------------------- VARGHESE CHACKO PALLATHU @ VARGHESE PALLATH, PALLATHU NESA VILLA, PRAIKARA, MAVELIKARA, ALLEPPEY DT, NOW RESIDING AT 1534, E SANTIAGO, LN NO. 12, SALT LAKE CITY UT 84121 UNITED STATES OF AMERICA, REPRESENTED BY AJID K NAIR MANI BHAVAN, VATTIYURKAVU,THIRUVANANTHAPURAM- 695 013. BY ADV. MR.TITUS MANI MR.S.SURAJ (PALATHANATHU) RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. ABRAHAM MATHEW @ ABEY PROPRIETOR, ADONAI MUSICS KALLISSERIL BLDGS, TB ROAD, KOTTAYAM -1. 3. SWAPNA ABRAHAM W/O. ABRAHAM MATHEW, KALLARACKAL HOUSE KARINGACHIRA, COCHIN PALACE PO, COCHIN- 682 301. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2083 of 2009 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure by an absconding accused in L.P.No.90/2002 on the file of Judicial First Class Magistrate's Court, Payyannur to quash the proceedings contending that in view of the settlement of disputes with the second respondent/ defacto complainant, as there is no likelihood of a conviction, the case is to be quashed. Petitioner had earlier filed Crl.M.C.No.4225/2005 for the same relief invoking Section 482 of Code of Criminal Procedure. Under Annexure-II order dated 22.9.2006, the prayer to quash the case was rejected and petitioner was directed to appear before the Magistrate and defend the case. When this Court had already considered the question whether the case is to be quashed or not, invoking the inherent powers under Section 482 of Code of Criminal CRMC 2038/09 2 Procedure, consequent on the settlement with the second respondent and held that the case cannot be quashed, petitioner is not entitled to approach this Court again based on a subsequent decision of the Apex Court. Petition is dismissed. 10th August, 2009 (M.Sasidharan Nambiar, Judge) tkv