IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Crl.MC.No. 3598 of 2009() ------------------------- CC.403/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM. CRIME NO.523/2005 OF PERAMANGALAM POLICE STATION. .................... PETITIONER/ACCUSED --------------------------------- LENIN, AGED 37 YEARS, S/O. KRISHNAN, OOTTUMADATHIL HOUSE & NJALIL HOUSE, CHIRANELLUR VILLAGE & DESOM, THRISSUR. BY ADV. MR.M.ANIL KUMAR, SMT.PREETHI K.PURUSHOTHAMAN. RESPONDENT/DEFACTO COMPLAINANT AND STATE ----------------------------------------------------------------------------- 1. SINI, AGED 26, D/O. VASUDEVAN, PANDIYATH HOUSE, AVANUR VILLAGE & DESOM, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PERAMANGALAM POLICE STATION, (CRIME NO.523/05), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.PAUL K.PETER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J. --------------------------------- Crl.M.C.No.3598 OF 2009 ---------------------------------- Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ Pointing out that there is a compromise between the parties, the petitioner seeks to have all further proceeding in C.C.No.403/2009 quashed in a petition filed under Section 482 of the Code of Criminal Procedure. 2. The petitioner married the 1st respondent on 30.5.2004. Various averments are made in the complaints which finds a place in the final report also. On the filing of the final report, cognizance of offences were taken by the Court concerned. The offences shown were under Sections 406, 420, 498A read with Section 34 of the Indian Penal Code. 3. It is unnecessary to go into the details of the case because this petition can be disposed of on a very short point. Crl.M.C.No.3598/2009 2 4. A petition has been filed before this Court pointing out that the parties have settled their differences and no further dispute exists between the parties. One has to notice that even if there where any differences of opinion between a couple, if they have decided to bury the differences of opinion and decided to live a peaceful life, that is only to be encouraged. 5. True, offence under Section 498A is not compoundable but considering the fact that the matter is personal to both the parties, it is only just and proper that the issue be given a quietus. 6. In the light of the decisions in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 SC) and Manoj Sharma v. State (2008(4) KLT 417), appropriate relief be granted to the petitioner. In the result, this petition is allowed and all further proceedings in C.C.No.403/2009 pending before the Judicial First Class Magistrate Court, Kunnamkulam, arising out of Crime Crl.M.C.No.3598/2009 3 No.523/2005 of Peramangalam Police Station shall stand quashed and all further proceedings shall stand dropped. (P.BHAVADASAN, JUDGE) ps