IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 431 of 2008() ------------------------ CC.15/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER: ACCUSED ------------------- 1. THOMAS, AGED 74, S/O.OUSEPH, PARAKKAL HOUSE, NJARAKKAL, NEAR SBT, NJARAKKAL VILLAGE, KOCHI TALUK. 2. RANI JOSE, AGED 43, D/O.THOMAS, PARAKKAL HOUSE, NJARAKKAL, NEAR SBT, NJARAKKAL VILLAGE, KOCHI TALUK. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA). 2. JOSE MATHEW, AGED 51, S/O.MATHEW PATTAPARAMBIL HOUSE, ROSHAN VILLAGE, OPP.PRABHUS THEATRE, NORTH PARAVUR, PIN - 683 513. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.c. 431 of 2008 * * * * * * * * * * * * * * * * * * Dated : 01-02-2008 ORDER Petitioner's who are the father -in-law and wife of the de facto complainant Jose Mathew (2nd respondent herein) are the accused in C.C. 15 of 2008 on the file of the J.f.C.M.I Kochi, for offences punishable under Sections 405, 406, 420 and 120 (b) read with Sec. 34 I.P.C. Petitioners seek to quash the proceedings before the Magistrate on the ground that the parties have subsequently settled the dispute. 2. Subsequent settlement of dispute between the parties can in an appropriate case result in composition of the compoundable offences. But the offences punishable under Sections 405 and 120 (b) I.P.C. are not compoundable offences. Hence this Crl.M.C. is disposed of permitting the petitioners to move the Magistrate for compounding the compoundable offences and then to plead for a discharge with regard to the non-compoundable offences, if, according to the petitioner those non-compoundable offences cannot survive after the compounding of the compoundable offences. V. RAMKUMAR, (JUDGE) ani.