IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Crl.MC.No. 3123 of 2009() ------------------------- CC.236/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA .................... (CRIME NO.177/2004 OF POZHIYOOR POLICE STATION) .... PETITIONER(S): ACCUSED: ----------------------------------------- 1. P.B.SIVADAS, CHAIRMAN AND MAN AGING DIRECTOR, M/S.AANCY KC MARINE & FARM PRODUCTS EXPORTERS (P) LTD., RESIDING AT PANIKKASSERIL, BEACH ROAD, ALAPPUZHA. 2. JUSTINE, S/O.CHINNAPPAN, RESIDING AT PANIKKASSERIL, BEACH ROAD, ALAPPUZHA. 3. SADASIVAN, S/O.SIVANANDHA, SADANAM, THATTAPPALLI, ALAPPUZHA DISTRICT. 4. KUMARAN.M., `MADAVAS', CHUNKAM WARD, ALAPPUZHA. 5. G.JAGANATHAN, ARCHANA, KANIYAMPARAMBU, THAIHAPALLI, ALAPPUZHA. 6. SELVARAJ @ SELVAN,KALLIYIL, POZHIYOOR, NEYYATTINKARA TALUK. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN.H. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION, POZHIYOOR, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. XAVIER DECRUZ, PROPRIETOR, LINS EXPORTS, RESIDING AT T.C.44/613, ETHELENE VEEDU, VALIYATHURA, MUTTATHARA VILLAGE,THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR R3 BY ADV. MR.STALIN PETER DAVIS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. --------------------------- Crl.M.C. No. 3123 OF 2009 -------------------------- Dated this the 17th day of March, 2010 O R D E R Petitioners are the accused in C.C.No.236/2006 on the file of Judicial First Class Magistrate-II, Neyyattinkara taken cognizance for the offences under Section 143, 149, 417 and 427 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings before the learned Magistrate contending that entire disputes between the petitioners and third respondent were amicably settled. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Though third respondent appeared and promised to file a statement, no statement is filed. A joint statement is seen filed by the counsel appearing for the third respondent along with the counsel appearing for the petitioners stating that a compromise petition has been filed in O.S. No.726/2004. But based on such statement, the case cannot be quashed. Moreover, when the offences under Section 417 and 427 of Indian Penal Code are compoundable under Section 320 of Code of Criminal Procedure it is not for this Court to invoke the extra ordinary jurisdiction under Section 482 of Code of Criminal Procedure to quash the proceedings. Petitioners are at liberty to seek permission of the learned Magistrate and compound the offences. Petition is disposed. M.SASIDHARAN NAMBIAR, (JUDGE ) vps Crl.M.C.No. 2 Crl.M.C.No. 3