Laly Joseph vs State Of Kerala Represented By on 1 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2107 of 2009()


1. LALY JOSEPH, AGED W/O.JOSEPH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. MANGALAM PUBLICATIONS LTD

                For Petitioner  :SRI.P.P.THAJUDEEN

                For Respondent  :SMT.SEENA S.

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :01/07/2009

 O R D E R
              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.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006