IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Crl.MC.No. 2119 of 2009 ------------------------------- CRIME NO. 281/2008 OF PUDUKAD POLICE STATION, CC.2739/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA ......................................... PETITIONER(S): ACCUSED 1 & 2 ----------------------------------------------- 1. DIVYA JOSHY, WO JOSHY, 27 YEARS, CHERAMBATH HOUSE, MULANGE DESOM THOTTIPAL VILLAGE, THRISSUR DIST. 2. JOSHY , S/O.MATHEW, AGED 28 YEARS, CHERAMBATH HOUSE, MULANGE DESOM, THOTTIPAL VILLAGE, THRISSUR DIST. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): DEFACTO COMPLAINANT/COMPLAINANT: --------------------------------------------------------------------------------------- 1. LAKSHMI KUTTY, W/O.PUSHKARAN, AGED 51 YEARS, KARANCHIRA VEETTIL, NADUMPUZHA DESOM, NEDUMPUZHA VILLAGE, THRISSUR TALUK. 2. DEVENDRAN @ UNNI, S/O.BHARATHY AMMA, AGED 42 YEARS, ORIYAMPURATHU HOUSE, POOKUNNAM DESOM, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, PUDUKAD, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. *4. OMANA, W/O. MANI, AGED 48 YRS, PUNNAIL VEETTIL, CHERUVAL DESOM, NANMANIKARA VILLAGE, THRISSUR DIST. *ADDL. R4 IS IMPLEADED AS PER ORDER DATED 06/08/2009 IN CRL. M.A 4294/2009. ADV. SRI.A.A.BIJU FOR R1, R2 AND R4 PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.2119 OF 2009 ------------------------------------------ Dated 6th August 2009 O R D E R Petitioners are accused in C.C.2739/2008 on the file of Judicial First Class Magistrate, Irinjalakuda taken cognizance for the offence under Sections 420 and 506(ii) read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-3 final report and the proceedings initiated, contending that dispute with the respondents who were cheated and intimidated were settled amicably. Respondent No.2 appeared through a counsel and filed a joint statement with the petitioner. Respondent No.4 filed an affidavit stating that the disputes were settled with petitioners and they have no grievance at present as against petitioners and therefore they have no objection for quashing the proceedings. 2. Learned counsel appearing for CRMC 2119/09 2 petitioner, respondents 2 and 4 and learned Public Prosecutor were heard. 3. Though an offence under Section 506 (ii) of Indian Penal Code is not compoundable, offence under Section 420 is compoundable by a person cheated with leave of the court as provided under Section 320 of Code of Criminal Procedure. As held by the Apex court in Manoj Sharma v. State (2008 (4) KLT 417 (SC)) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the case as against petitioners is that they committed offences, which are of personal in nature as against respondents 2 and 4 and it is clear that there was amicable settlement of the dispute with respondents 2 and 4, it is not in the interest of justice to continue the proceedings. Even if petitioners are to be tried, in the light of the settlement, there is no likelihood of a successful prosecution. In such circumstances, it would only result in unnecessary waste of valuable time of the court. In the interest of justice, C.C.2739/2008 on the file of Judicial First Class Magistrate, Irinjalakuda is to be quashed. CRMC 2119/09 3 Petition is allowed. Annexure-3 final report and proceedings in C.C.2739/2008 on the file of Judicial First Class Magistrate, Irinjalakuda are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.