IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH SEPTEMBER 2010 / 29TH BHADRA 1932 Crl.MC.No. 3765 of 2010() ------------------------------------- CRIME NO.206/2010 OF KALIYAR POLICE STATION. ................ PETITIONERS/ACCUSED ------------------------------------ 1. SHAJU THOMAS, S/O.THOMAS, CHIRAKKAL HOUSE, VANNAPURAM, THODUPUZHA, IDUKKI DISTRICT. 2. MELBIN MATHEW, S/O.P.J.MATHEW PANTHACKAL HOUSE, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT --------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VANNAPURAM POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SABU, S/O.RAMANKUTTY, BRANCH MANAGER, THE IDUKKI DISTRICT CO-OPERATIVE BANK LTD., KALIYAR BRANCH, VANNAPURAM P.O., IDUKKI DISTRICT, PIN-685 582. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3765 OF 2010 --------------------------------------------- Dated 20th September, 2010 O R D E R Petition is filed by the accused in crime No.206/2010 of Kaliyar Police Station registered for the offence under Section 420 read with Section 34 of Indian Penal Code contending that entire amount due to the second respondent Bank has already been paid and Annexure-C letter was sent to the Investigating Officer disclosing that entire amount has been paid and therefore, there is no necessity to prosecute the accused. 2. Second respondent appeared through a counsel. The learned counsel submitted that the entire amount due to the Bank has already been received. Learned Public Prosecutor submitted that after completing investigation final report has been submitted Crmc 3765/10 2 before Judicial First Class Magistrate's Court- I, Thodupuzha on 30/8/2010 before filing this petition. Hence remedy if any is to seek quashing of the final report and the FIR. An offence under Section 420 of Indian Penal Code is a compoundable offence. When the offence is compoundable and a final report has already been submitted to the Court, it is not for this court to exercise the extra ordinary powers under Section 482 of Code of Criminal Procedure to quash the proceedings as parties could approach the concerned Magistrate to compound the offence. Granting liberty to seek permission to compound the offence before the learned Magistrate, the petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3765/10 3