IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Crl.MC.No. 967 of 2010() ----------------------------------- CC.764/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONERS/ACCUSED NOS.2 & 3 ---------------------------------------------------- 1. NARAYANAN. K.V, LOW HUT, PEOPLES ROAD, VADUTHALA DESOM, CHERANELLUR VILLAGE, KANAYANNUR TALUK, KOCHI-23. (NOW RESIDING AT 231, INDIAN EXPRESS SOCIETY, SECTOR-48, CHANDIGARH. 2. NITHIN NARAYANAN, S/O.K.V. NARAYANAN, LOW HUT, PEOPLES ROAD, VADUTHALA DESOM, CHERANELLOOR VILLAGE, KANAYANNUR TALUK,KOCHI-23. BY ADV. MR.A.C.DEVY RESPONDENTS/DEFACTO COMPLAINANTS & STATE ------------------------------------------------------------------------------- 1. C.M. RAMANI, 52 YEARS, W/O.KARTHIKEYAN, VALLOPARAMBATH UZHUVATH HOUSE, LOKAMALLESWARAM VILLAGE DESOM, KODUNGALLUR TALUK,THRISSUR DIST. 2. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.P.S.LATHEESH. R2 BY PUBLIC PROSECUTOR MR.I.B. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 967 OF 2010 =========================== Dated this the 19th day of March,2010 ORDER Petitioners are the accused and first respondent the de facto complainant in C.C.764/2008, on the file of Judicial First Class Magistrate's Court, Kodungallur taken cognizance for the offences under sections 406, 418, 420 and 423 read with section 34 of Indian Penal Code on Annexure C final report in Crime 177/2007 of Kodungallur Police Station registered under Annexure B F.I.R based on Annexure A complaint filed by the first respondent before learned Magistrate and sent for investigation under section 156(3) of Code of Criminal Procedure. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably Crl.M.C.967/2010 2 with the first respondent. 2. First respondent appeared through a counsel and filed a joint statement with the petitioners seeking permission to compound the offences stating that first respondent has settled the entire disputes with the petitioners amicably. It is stated that as the amount allegedly misappropriated is Rs.17 lakhs which exceeds Rs.2000/- it is not compoundable under section 320 of Code of Criminal Procedure. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. The case was registered based on Annexure A private complaint filed by first respondent, the de facto complainant. Annexure C final report shows that the offences alleged against the petitioners are purely personal in nature against the first respondent. Though an offence under section 406 of Indian Penal Code is compoundable as provided Crl.M.C.967/2010 3 under section 320 of the Code of Criminal Procedure, if the misappropriated amounts exceeds to Rs.2000/- it is not compoundable. As the amount allegedly misappropriated exceeds that amount, the case cannot be compounded as sought for. But as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged against the petitioners are purely personal in nature and there has been amicable settlement of all the disputes of the accused with the de facto complainant, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.764/2008 on the file of Judicial First Class Magistrate's Court, Kodungallur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006