IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Crl.MC.No. 2107 of 2009() ------------------------- CC.257/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER(S): ACCUSED: ------------------------------------------ LALY JOSEPH, AGED 45., W/O.JOSEPH, KOYITHANATH, C/O.STAR MILLS, KARIMANNOOR PO, THEKKUMKOOTTU, THODUPUZHA. BY ADVS. MR.P.P.THAJUDEEN, MR.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. MANGALAM PUBLICATIONS LTD., S.H.MOUNT P.O.,KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR, SAJAN VARGHESE. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 BY ADV. SMT.SEENA S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2107 OF 2009 =========================== Dated this the 1st day of July,2009 ORDER Petitioner is the accused in C.C.257/2008 on the file of Judicial First Class Magistrate Court, Ettumanoor taken cognizance by the Magistrate on Annexure 1 final report filed under section 173(2) of Code of Criminal Procedure after investigation. Second respondent is the de facto complainant. The case against the petitioner is that he committed the offence under section 420 of Indian Penal Code. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that there was a settlement of dispute with the second respondent. An affidavit of the second respondent is also filed to that effect. 2. An offence under section 420 of Indian Penal Code is compoundable with the leave of the court as provided under section 320(2) of Code of Criminal Procedure. Petitioner and the second respondent is at liberty to seek the permission of the learned Magistrate to compound the offence. With that liberty Crl.M.C.2107/2009 2 petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006