IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1371 of 2009() ------------------------------------- (CRIME NO.107/09 OF THE KODUVALLY POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. JALEEL, S/O.KULPPANKANDI MUHAMMED, NECHULI HOUSE, AMBALAKKANDI, PUTHUR.P.O. 2. SHEMEER, S/O.CHICKEN MUHAMMED, AMBALAKKANDI, PUTHUR.P.O. 3. NAHIM, S/O.KAVIL IBRAHIM, AMBALAKKANDI, PUTHUR P.O., (KODUVALLY POLICE STATION LIMIT). BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. MUHAMMED, S/O.HASSANKUTTY, KAYAKUNNUMMAL HOUSE, FOUR CENT COLONY, AMBALAKKANDI, PUTHUR P.O. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.NISHIL.P.S. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1371 OF 2009 ------------------------------------------ Dated 1st June 2009 O R D E R Petitioners are accused in Crime No.107/2009 of Koduvally police station. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-1 complaint and Annexure-2 FIR registered based on the order passed by the Magistrate on Annexure-1 complaint under Section 156(3) of Code of Criminal Procedure for investigation. Case of the petitioners is that their dispute with the defacto complainant has already been settled and in such circumstances as evidenced by Annexure-3 settlement , the case is to be quashed. 2. Learned counsel appearing for first respondent defacto complainant, learned counsel appearing for petitioners and learned Public Prosecutor were heard. 3. Learned counsel appearing for first respondent submitted that the dispute with the petitioners have already been settled by the CRMC 1371/09 2 petitioners. Learned Public Prosecutor submitted that though offence under Sections 363 and 366 were therein Annexure-1 FIR, on the basis of the investigation a report has already been submitted to the Magistrate deleting the said offences and all the offence now being investigated are compoundable. In such circumstances, with the liberty to move the Magistrate for compounding the offences, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.