IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Crl.MC.No. 2678 of 2009() -------------------------------------- (CRIME NO.585/2009 OF THE PANDALAM POLICE STATION) PETITIONER(S): ACCUSED NOS.1 AND 2 ------------------------------------------------------------ 1. BIJU MATHEW,S/O.PONNACHAN, CHENGANNUR VILAYIL HOUSE,KAIPPUZHA NORTH P.O., KULANADA VILLAGE,PATHANAMTHITTA DISTRICT. 2. BINCY,S/O.JOY, AGED 32 YEARS,VALIL HOUSE,ULANADU P.O., KULANADA VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. LISY RAJAN,W/O.RAJAN, POIKAYIL HOUSE,ULANAD, KULANADA,PATHANAMTHITTA DISTRICT. 2. THANKAMMA SAMUEL,W/O.SAMUEL, AGED 68 YEARS,POIKAYIL HOUSE,ULANAD, KULANADA,PATHANAMTHITTA DISTRICT. 3. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION,PATHANAMTHITTA DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. R1 & R2 BY ADV. MR.SAKIR.K.H. R3 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2678 of 2009 -------------------------- ORDER Petitioners are the accused and respondents 1 and 2, the defacto complainants and the injured in Crime No.585/2009 of Pandalam Police Station. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 FIR and the further proceedings taken, contending that entire disputes between the petitioners and respondents 1 and 2 were amicably settled. 2. Respondents 1 and 2 appeared through a counsel and filed a joint petition along with the petitioners seeking permission to compound the offences. 3. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 4. Annexure-A1 FIR shows that the case was registered after recording the F.I. Statement of CRMC 2678/09 2 the first respondent and the allegation is that petitioners, in furtherance of their common intention, committed house trespass and also caused hurt to respondents 1 and 2 and scolded them in obscene language. The joint petition filed by petitioners and respondents 1 and 2 establishes that there was a settlement of all the disputes between the parties. The offences alleged under Sections 447, 323, 394(b) and 506(i) of Indian Penal Code are all compoundable offences. In such circumstances, when offences are compoundable and compounded, it is not in the interest of justice to continue with the investigation. Petition is allowed. Annexure-A1 FIR and further proceedings are quashed. 25th August, 2009 (M.Sasidharan Nambiar, Judge) tkv