IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Crl.MC.No. 2711 of 2009() ------------------------- CC.264/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... (CRIME NO.331/2004 OF KOLLAM WEST POLICE STATION) PETITIONER(S): ACCUSED NOS. 2 AND 4: ------------------------------------------------------------- 1. SREEKUMAR, S/O. SREEDHARAN NAIR, SREENILAYAM, UNITY LANE, KACHERI WARD, KOLLAM WEST. 2. SMT. SREEDEVI, W/O. SUNDERASAN PILLAI, SOORYA , UNITY LANE, KACHERI WARD, KOLLAM WEST. BY ADV. MR.ANCHAL C.VIJAYAN RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER, WATER SUPPLY SUB DIVISION, KERALA WATER AUTHORITY, KOLLAM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2711 OF 2009 ------------------------------------------ Dated 19th August 2009 O R D E R Petitioners are accused 2 and 4 in C.C.264/2005 on the file of Chief Judicial Magistrate, Kollam. Petitioners are being tried for the offences under Section 3(2)(c) of P.D.P.P Act on the allegation that, they damaged the pipe laid by Kerala Water Authority, Kollam. There are altogether ten accused. The case as against accused 3, 6 and 7 was quashed by this court as per Annexure-F order dated 23/3/2009 accepting the case that damages sustained by Kerala Water Authority on account of damages committed their was paid by them. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioners contending that under Annexures-C and D receipts they also paid the entire damages caused by them. 2. Learned counsel appearing for second respondent, Kerala Water Authority submitted that petitioners have paid the damages caused to Kerala CRMC 2711/09 2 Water Authority, evidenced by Annexures-C and D receipts and in such circumstances, second respondent has no objection for quashing the proceedings. As on similar grounds, case as against accused 3,6 and 7 was quashed under Annexure-F order, petitioners are also entitled to get the case as against them quashed. Petition is allowed. C.C.264/2005 on the file of Chief Judicial Magistrate, Kollam as against petitioners who are accused 2 and 4 are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.