IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Crl.MC.No. 4088 of 2009() ------------------------- CC.2251/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- JOY STEPHEN, S/O. P.J.STEPHEN AGE 47 YEARS, MANAGING DIRECTOR, POLAR CONSULTANTS G-121, PANAMPILLI NAGAR, KOCHI, PIN-682036. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM. 3. CHACKO VADAKKARACKAL THOMAS, THAZHATHU MANCHATHIL, NEERICAD.P.O., KOTTAYAM. BY P.P. SRI.S.U.NAZAR FOR R1 AND R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C. No. 4088 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 17th day of December, 2009 O R D E R Petitioner is the accused in C.C.No.2251 of 2005 on the file of the learned Additional Chief Judicial Magistrate Court, Ernakulam taken cognizance for the offence under section 420 IPC on Annexure-G final report. The 3rd respondent is the de facto complainant. This petition is filed to quash the proceedings, contending that entire disputes were settled, as evident by Annexure-H receipt issued by the 3rd respondent in full and final settlement of the amount payable. 2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 3. Offence under section 420 IPC is compoundable. When an offence is compoundable, it is not for this Court to quash the proceedings invoking the extra-ordinary jurisdiction conferred under section 482 Cr.P.C. The petitioner and the 3rd respondent is at liberty to approach the learned Magistrate for permission to compound the offence. Hence, this petition is disposed of. M.SASIDHARAN NAMBIAR, JUDGE. Mn. 2