IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 283 of 2010() ------------------------ CC.68/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED NO.1 TO 3 -------------------------------- 1. FR.ALIAS K.VARKEY, S/O.K.C.VARKEY, AGED 55 YEARS, PRIEST, KEERIMULAYIL HOUSE, PEECHI.P.O, PEECHI VILLAGE, THRISSUR-680653. 2. SHINAJ MATHACHAN, S/O.M.K.MATHACHAN, AGED 27 YEARS, HARITHA HOMES, VILLA NO.10, P.O.KURKANCHERY, THRISSUR-6. 3. VIJI VARGHESE, S/O.VARGHESE, AGED 37 YEARS, KANICHAI HOUSE, P.O.PALAYAM PARAMBU, MALA-680741. BY ADV. SRI.V.B.HARI NARAYANAN SMT.M.J.RAJASREE RESPONDENT(S): RESPONDENT ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION, TRICHUR. 3. ALBERT JOY, AGED 27 YEARS, S/O.JOY, THACHIL HOUSE, OLLUR VILLAGE, KUTTANELLOR DESOM, TRICHUR DISTRICT. 4. BIBIMOL JACOB, AGED 28 YEARS, W/O.FR.BOBY GEORGE, THOTTUNGAL HOUSE, THALAKODU.P.O, MULAMTHURUTHY, ERNAKULAM. CRMC 283/10 -2- 5. JOBY VINCENT, AGED 27 YEARS, S/O.VINCENT, KOCHUPARAMBIL HOUSE, KANJIKUZHI DESAM, IDUKKI DISTRICT. 6. PRAVEEN P.AUGUSTIN, AGED 28 YEARS, S/O.AUGUSTIN, PULINATHU HOUSE, MARIKKUM.P.O, KOOTHATUKULAM, ERNAKULAM DISTRICT. 7. JUSTIN, AGED 24 YEARS, S/O.DEVASSY, VALAVANAL HOUSE, PUNNUKUNNA.P.O, KASARGOD DISTRICT. 8. TRINCE PHILIP, AGED 24 YEARS, S/O.PHILIP, LOVEDALE, GANDHIBAGILU.P.O, BENTHALANGADI TALUK, MANGALORE. ADV. SRI.S.RAJEEV FOR 3,4,5,6,7,8 PP MR.S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.283 of 2010 ------------------------------------- Dated 28th January 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure seeking to have the proceedings in CC No.68/09 pending before the Chief Judicial Magistrate's Court, Thrissur, quashed. 2. The petitioners are accused Nos.1 to 3 in the above said case for having committed the offences punishable under Ss.406 and 420 IPC. They say, the allegations are totally false and contrary to the actual state of affairs. However, it is pointed out that now the parties have settled the disputes and as such, the parties have no grievance at all. Therefore, it is prayed that the proceedings in the above said case may be quashed. 3. True, the offence punishable under S.406 is not compoundable. But, since the parties have settled the CR MC NO.283/10 2 disputes and the complainant has contended that the proceedings need not be continued in the above case, all proceedings in CC No.68/09 pending before the Chief Judicial Magistrate's Court, Thrissur, shall stand quashed. This Petition is allowed as above. P.BHAVADASAN, JUDGE sta CR MC NO.283/10 3