HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.NO.888 OF 2009 Dt.31.12.2010 Between: Poli Radha Krishnaiah and another ..Petitioners And State of A.P., rep. by its Public Prosecutor and another ..Respondents HON’BLE SRI JUSTICE N.RAVI SHANKAR CRL.P.NO.888 OF 2009 ORDER: Heard Ms.V.Sesha Kumari learned counsel for the petitioners. Petitioners filed this criminal petition to quash the proceedings in C.C.No.15 of 2007 on the file of the Judicial First Class Magistrate, Nandalur, Kadapa District. Both the petitioners are A-1 and A-2 in the said calendar case. The ground on which the petitioners have sought for quashing the proceedings in the above C.C. are stated in para 6 of the petition and the prayer portion and they read as under: “It is submitted that the petitioners already deposited an amount of Rs.2,30,000/- in the court. The 2nd respondent and the petitioners settled the matter out of court. Hence the continuation of the proceedings is only an abuse of process of law. It is prayed that this Honourable Court may be pleased to quash the proceedings in C.C.No.15/2007 on the file of the Judicial First Class Magistrate, Nandalur, Kadapa District and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.” In the previous paragraphs of the petition, it is mentioned by the petitioners that there was some settlement between them and the complainant party and consequently they settled the matter and even after settlement the complainant party is continuing the prosecution in the above C.C.No.15 of 2007 and this is an abuse of process of the court and therefore the proceedings should be quashed. The relief claimed by the petitioners, however, cannot be granted for this reason. It may be noted that even assuming for a moment that the plea of the petitioners regarding settlement is accepted, the offences under Section 138 of Negotiable Instruments Act, Sections 420 and 406 IPC can be compounded. But, the other offence i.e., under Section 409 IPC is not compoundable. It is also well settled that even the Lok Adalat cannot entertain the matter, which involves non- compoundable offence. In these circumstances, as the offence under Section 409 IPC is not compoundable and as the allegation in the charge sheet shows that offence also, it is not open for this Court to interfere in the matter and quash the proceedings on the plea raised by the petitioners. However, it is always open for the petitioners to take necessary steps before the trial court in which the calendar case is pending for appropriate relief as per law. This petition is accordingly dismissed. ___________________ N.RAVI SHANKAR, J. 31.12.2010 kpr