IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Crl.MC.No. 1414 of 2010() ------------------------------------ CRIME NO.114/2010 OF VARANDARAPPILLY POLICE STATION, THRISSUR. ..................... PETITIONER/1ST ACCUSED: ------------------------------------------ SASIDHARAN, AGED 47 YEARS, S/O.MADHAVAN, VALATHUPARAMBIL HOUSE, P.O.MUPLIYAM, MUPLIYAM VILLAGE, MUPLIYAM DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.G.SURESH, SRI.C.V.MANUVILSAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, THE CIRCLE INSPECTOR OF POLICE, PUDUKAD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALM. 2. RAVINDRAN, AGED 53 YEARS, S/O.SUUBRAHMANIAN, AYYANCHIRA HOUSE, P.O. VATTANATHRA, AMABALLOOR VILLAGE, KAVALLOOR DESAM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. SRI.M.R.VIBIN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.1414 of 2010 -------------------------------------- Dated this the 31st day of May, 2010 ORDER The petitioner is the first accused in Crime No.114/2010 of Varandarappilly Police Station, Thrissur registered for offences punishable under Section 411, 447, 427 and 379 read with Section 34 I.P.C. The matter is at the crime stage. Both the learned counsel for the petitioner as well as the learned counsel for the de facto complainant submitted that the matter has been settled between the parties as evidenced by Annexure A2 affidavit. Since going by the value of the subject matter of the property the offence punishable under Section 379 I.P.C. is not compoundable and also since the dispute is not a money dispute so as to apply Madan Mohan Abbott Vs. State of Punjab (2008 (3) KLT 19), it is not possible for this Court to compound the non-compoundable offence by resorting to Section 482 of the Code of Criminal Procedure. The petitioner may report the settlement to the Investigating Officer and if in spite of that the petitioner and the other accused are charge sheeted by the Police, they may have recourse to the remedies available to them in law. With this observation, this M.C. is dismissed. V.RAMKUMAR, JUDGE skj