IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3436 of 2009()
1. SAYED HASHIM THANGAL,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. KESAVA, AGED 62 YEARS,
For Petitioner :SRI.T.MADHU
For Respondent :SRI.PAULY MATHEW MURICKEN
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/11/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3436 OF 2009
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Dated 16th November 2009
O R D E R
Petitioner is the third accused in
C.C.92/2007 on the file of Chief Judicial Magistrate,
Kasargod now pending as L.P.266/2007. This petition is
filed under Section 482 of Code of Criminal Procedure
to quash the proceedings as against the petitioner
contending that entire disputes were settled with the
second respondent. Second respondent appeared through
a counsel and filed Annexure-2 affidavit stating that
loss caused to the school was compensated and school
authorities have received all the stolen articles and
there is no subsisting grievance as against the
petitioner and in such circumstances, there is no
objection for quashing the proceedings. Manager of
the school has filed Annexure-3 affidavit stating that
as loss sustained to the school was compensated, there
is no objection for quashing the proceedings.
2. Learned counsel appearing for the
petitioner, second respondent and learned Public
Crmc 3436/09
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Prosecutor were heard.
3. Annexure-1 final report shows that
prosecution case is that on 5/11/2006 at about 9.45
p.m, accused 1 and 2 who are juveniles obtained a motor
bike from the petitioner on hire and thereafter
proceeded to Sree Bhagavathy Engligh Medium School at
Kanila of Bankara Manjeshwar village and broke opened
the office room and took away the personal computer,
CPU,UPS and other accessories to the house of
petitioner for hiding and also for selling and
petitioner kept the stolen articles for sale with the
knowledge that they are stolen articles and all the
accused thereby committed offences under Sections 457,
380, 411, 414 read with Section 34 of Indian Penal
Code. Juvenile accused 1 and 2 pleaded guilty before
the Chief Judicial Magistrate, Kasargod and were
sentenced to fine as provided under Section 15(1)(d) of
Juvenile Justice Act.
4. As is clear from Annexure-1, case as
against the petitioner is that he had given on hire
his motor bike to accused 1 and 2, who committed theft
after breaking open the office room of the school
and the stolen articles were taken to the house of the
Crmc 3436/09
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petitioner, where he allowed them to be kept for the
purpose of sale. The affidavit filed by the Headmaster
of the school as well as the Manager of the school
establish that entire loss sustained by the school was
recouped by the petitioner and the school has received
the stolen articles. It is in such circumstances,
second respondent and Manager of the school stated
that there is no objection for quashing the
proceedings. As the offences are already settled
between the parties, it is not in the interest of
justice to continue the prosecution, as held by the
Apex court in Madan Mohan Abbot v. State of Punjab
(2008 (3) KLT 19 (SC).
Petition is allowed. C.C.92/2007 (L.P.266/2007) on the file of Chief Judicial
Magistrate, Kasargod is quashed. If the petitioner is
in detention, he shall be released.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.