IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Crl.MC.No. 2133 of 2009() ------------------------- CC.742/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... (CRIME NO.344/05 OF MUSEUM POLICE STATION,THIRUVANANTHAPURAM) PETITIONER(S): ACCUSED 1 AND 2: ----------------------------------------------------- 1. RENJITH, AGED 36 YEARS,S/O. RAJENDRAN, "MUDRA" GRA 60, TC 16/1357(1),GOUREESHAPATTOM, PATTOM. 2. RATNAKUMAR,S/O. NARAYANACHARI, "JAI NIVAS" TC 28/65,KAITHAMUKKU, SREEKANTESHWARAM, THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): DEFACT COMPLAINANT & STATE: ------------------------------------------------------------------------------ 1. RAJASEKHARAN A.K., S/O. APPUKUTTAN PILLAI, AGED 48 YEARS, TC 11/1587, YMR JUNCTION, KURAVANKONAM, KOWDIAR, THIRUVANANTHAPURAM. 2. THE STATE OF EKRALA,REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.M.R.RAJESH R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2133 of 2009 -------------------------- ORDER Petitioners are the accused in C.C.No.742/2005 on the file of Judicial First Class Magistrate's Court- III, Thiruvananthapuram. First respondent is the defacto complainant. Learned Magistrate took cognizance of the offence under Sections 379 and 411 of Indian Penal Code. Case is that first respondent consumed liquor from a bar hotel on 4.10.2005 and while waiting for an autorickshaw to go home, first petitioner, his friend, who was standing nearby, helped him to fetch an autorickshaw and also to board into the autorickshaw and first respondent found that a gold chain of 7¾ sovereigns was missing and thereafter, the gold chain, stolen by the first petitioner, was sold to the second petitioner and thereby they committed the offences. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioners contending that there was a settlement of the disputes with the first respondent. CRMC 2133/09 2 2. First respondent appeared through a counsel and also filed Annexure-B affidavit to the effect that there was a settlement of the disputes between the petitioners and first respondent and therefore, he has no objection for compounding the offence. 3. Though the value of the gold chain stolen exceeds the value provided under Section 320 of Indian Penal Code to compound an offence under Section 379 of Indian Penal Code and so, the offence is not compoundable, when the disputes between the petitioners and first respondent were settled, as is clear from Annexure-B affidavit of the first respondent, even if petitioners are to be tried, there is no chance of a successful conviction. In such circumstances, it is not, in the interest of justice, to proceed with the case further. Petition is allowed. C.C.No.742/2005 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram as against the petitioners is quashed. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv