IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Crl.MC.No. 2340 of 2010() ------------------------- CC.1366/2006 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER(S): ACCUSED 1 & 2 ---------------------------------------------------- 1. JOSEPH, AGED 79 S/O.SOURU, CHITTUPARAMBAN HOUSE, KOOVAPPADY VILLAGE, CHERANALLOOR. 2. BENNY, AGED 41, S/O.JOSEPH, CHITTUPARAMBAN HOUSE, KOOVAPPADY VILLAGE, CHERANALLOOR. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KODANADU POLICE STATION. 3. JERRY, S/O.POULOSE, CHITTUPARAMBAN HOUSE, KOOVAPPADY VILLAGE, CHERANALLOOR - 683 544 PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2340 of 2010 = = = = = = = = = = = = = = Dated:29.06.2010 ORDER Petitioners, who are accused Nos.1 and 2 in C.C.No.1366 of 2006 on the file of the J.F.C.M, Perumbavoor for offences punishable under Sections 120B,468 and 420 read with 34 IPC seek to quash the proceedings including the charge sheet on the ground that the matter has since been settled between the de facto complainant and the petitioners. 2. Admittedly the trial of the case has already been started with the framing of charge by the court below. Since some of the offences are non-compoundable offences and also since the dispute involved is not a money dispute of a purely personal nature, the ratio in Madan Mohan Abbot v. State of Punjab (2008(4) SCC 582) and related decisions cannot be applied to quash the proceedings. Hence the only course open to the petitioners is to face the trial. 3. If a question of identity does not arise for consideration the petitioners can file an application for personal exemption before the Magistrate by incorporating the appropriate averments. In case such an application is filed the learned Magistrate shall consider the same favourably exempting the petitioners from personal appearance. This Crl.M.C is disposed of reserving the above right of the petitioners. Dated this the 29 th day of June, 2010. V. RAMKUMAR, JUDGE sj