IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4072 of 2010() ------------------------- LPC.119/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED 1 TO 4 -------------------------------------------------- 1. PATHALA PUTHIYAPURAYIL MUSTAFA, S/O.IBRAHIM, MADAKKARA, P.O.MATTOOL-670 302, PAZHAYANGADI, KANNUR DT. 2. KOVVATH THOTTATHIL HAMZA, S/O.ABDUL KAREEM, P.O.MATTOOL-670 302, MADAKKARA, PAZHAYANGADI, KANNUR DT. 3. KUPPURAYIL CHETTAPURAYIL ANWAR, S/O.ABDUL SALAM, P.O.MATTOOL-670 302, MADAKKARA, PAZHAYANGADI, KANNUR DT. 4. VADAKKE MANJERAVIDA HASSAN, S/O.MOHAMMED, P.O.MATTOOL-670 302, MADAKKARA, PAZHAYANGADI, KANNUR DT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, PAZHAYANGADI POLICE STATION, PAZHAYANGADI, KANNUR-670 302. 2. MATTOOL GRAMA PANCHAYAT, PAZHAYANGADI, KANNUR DT., P.O.MATTOOL-670 302, KANNUR DT., REPRESENTED BY ITS SECRETARY. 3. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 011. R2 BY ADV. SRI.MAHESH V RAMAKRISHNAN R1 & R3 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4072 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioners are the accused in L.P.119/2003 on the file of Judicial First Class Magistrate's Court, Payyannur taken cognizance for the offence under section 427 read with section 34 of Indian Penal Code and section 3 (2) (a) of Prevention of Damage to Public Property Act. Prosecution case is that petitioners formed themselves into an unlawful assembly on 31.12.1996 at about 2 a.m. and destroyed sodium vapour lamp installed on the concrete electric post and caused loss to the Panchayat . Petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire disputes with the second respondent Panchayat was settled evidenced by Annexure A4 whereunder Crl.M.C.4072/2010 2 Panchayat has decided to withdraw the prosecution on receipt of Rs.10,000/- from the petitioners evidenced by Annexure A3 receipt. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Though an offence under section 427 of Indian Penal Code is compoundable, an offence under section 3(2)(a) of Prevention of Damage to Public Property Act (hereinafter shown as PDPP Act) is a non-compoundable offence. Though Annexure A3 and A4 establish that petitioners have compensated the Panchayat for the damage sustained, based on the said settlement, an offence under the PDPP Act cannot be quashed accepting the settlement as it cannot be said that the offence committed is purely personal in nature against the second respondent. Hence petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006