IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Crl.MC.No. 626 of 2010() ------------------------------------ (CRIME NO.157/2010 OF TIRUR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. GIRISH, S/O.SANKUNNI MENON, SREENILAYAM, POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DISTRICT. 2. MEENAKSHIKKUTTY AMMA, W/O.SANKUNNI MENON, SREENILAYAM, POST PACHATTIRI, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.C.M.MOHAMMED IQUABAL RESPONDENT(S): STATE & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MOOCHIKKAL ISMAIL HAJI, S/O.MOHAMMED KUTTY, MOOCHIKKAL HOUSE, THRIPRANGODE AMSOM, KAINIKKARA DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. I.B.PRAMOD R2 BY ADV. MR.S.SHAJI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.626 OF 2010 ------------------------------------------ Dated 5th March 2010 O R D E R Petitioners are the accused and second respondent the de facto complainant in crime No.157/2010 of Tirur police station registered under Annexure-2 FIR for the offence under Section 420 read with Section 34 of Indian Penal Code based on a complaint, submitted by second respondent before Dy.S.P, Tirur and received at the police station which is treated as F.I Statement. Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-2 FIR, contending that entire disputes with second respondent de facto complainant was settled and hence it is not in the interest of justice to continue the Crmc 626/10 2 prosecution. Second respondent appeared through a counsel and filed an affidavit stating that case has been registered based on his complaint for the offence under Section 420 read with Section 34 of Indian Penal Code and thereafter entire disputes were settled with the petitioners and he had already received entire money due to him and in such circumstances, he has nothing to prosecute further and has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that police has given instructions that statement of the second respondent recorded reveals that matter has been settled. Crmc 626/10 3 3. An offence under Section 420 of Indian Penal Code is compoundable with the leave of the court as provided under Sub Section 2 of Section 320. Affidavit filed by second respondent establishes that matter has been settled amicably. As final report has not been filed, the case cannot be compounded before the trial court. In such circumstances, as it is not in the interest of justice to continue the prosecution, the case is to be quashed. Petition is allowed. Annexure-2 FIR in crime No.157/2010 of Tirur police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.