IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Crl.MC.No. 3436 of 2009() ------------------------------------ CRIME NO.386/2006 OF MANJESWAR POLICE STATION ........... PETITIONER(S): 3RD ACCUSED -------------------------- SAYED HASHIM THANGAL, S/O.SAYED JALALUDHEEN, RESIDING AT FIRDHOUSE MAHAL, NEAR GHSS, UPPALA, UPPALA.P.O, KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): STATE & DEFACTO COMPLAINANT ---------------------------- 1. THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KESAVA, AGED 62 YEARS, S/O.NAGAPPA, KRISHNA NAGAR, KUMBALA, KOIPADY VILLAGE, KASARGOD DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U.NAZAR R2 BY ADV. MR.PAULY MATHEW MURICKEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3436 OF 2009 ------------------------------------------ Dated 16th November 2009 O R D E R Petitioner is the third accused in C.C.92/2007 on the file of Chief Judicial Magistrate, Kasargod now pending as L.P.266/2007. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that entire disputes were settled with the second respondent. Second respondent appeared through a counsel and filed Annexure-2 affidavit stating that loss caused to the school was compensated and school authorities have received all the stolen articles and there is no subsisting grievance as against the petitioner and in such circumstances, there is no objection for quashing the proceedings. Manager of the school has filed Annexure-3 affidavit stating that as loss sustained to the school was compensated, there is no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioner, second respondent and learned Public Crmc 3436/09 2 Prosecutor were heard. 3. Annexure-1 final report shows that prosecution case is that on 5/11/2006 at about 9.45 p.m, accused 1 and 2 who are juveniles obtained a motor bike from the petitioner on hire and thereafter proceeded to Sree Bhagavathy Engligh Medium School at Kanila of Bankara Manjeshwar village and broke opened the office room and took away the personal computer, CPU,UPS and other accessories to the house of petitioner for hiding and also for selling and petitioner kept the stolen articles for sale with the knowledge that they are stolen articles and all the accused thereby committed offences under Sections 457, 380, 411, 414 read with Section 34 of Indian Penal Code. Juvenile accused 1 and 2 pleaded guilty before the Chief Judicial Magistrate, Kasargod and were sentenced to fine as provided under Section 15(1)(d) of Juvenile Justice Act. 4. As is clear from Annexure-1, case as against the petitioner is that he had given on hire his motor bike to accused 1 and 2, who committed theft after breaking open the office room of the school and the stolen articles were taken to the house of the Crmc 3436/09 3 petitioner, where he allowed them to be kept for the purpose of sale. The affidavit filed by the Headmaster of the school as well as the Manager of the school establish that entire loss sustained by the school was recouped by the petitioner and the school has received the stolen articles. It is in such circumstances, second respondent and Manager of the school stated that there is no objection for quashing the proceedings. As the offences are already settled between the parties, it is not in the interest of justice to continue the prosecution, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC). Petition is allowed. C.C.92/2007 (L.P.266/2007) on the file of Chief Judicial Magistrate, Kasargod is quashed. If the petitioner is in detention, he shall be released. M.SASIDHARAN NAMBIAR, JUDGE. uj.