IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 77 of 2010() ----------------------- LP.70/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED: ----------------------------------------- 1. K.P.ABDUL KAREEM, S/O.MUHAMMED, MUMTAZ MANZIL, KALATHINGALPARAMBU, NADUVATTAM AMSOM DESOM, MANTHOTTAM, KOZHIKODE. 2. M.V.ABDUL SALEEM, S/O.ABOOBACKER, MAMMUKKAVEETTIL HOUSE, NADUVATTOM AMSOM DESOM, BEYPORE, KOZHIKODE. BY ADVS. MR.P.V.KUNHIKRISHNAN, MR.HANSON.P.MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. A.T.NOORJEHAN, D/O.ABDULLAKOYA, CHATHOTHARAYIL VEEDU, OLAVANNA AMSOM DESOM, KOZHIKODE TALUK. 2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.77 OF 2010 -------------------------------- Dated this the 1st day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have all further proceedings in L.P No.70/2007 on the file of Judicial First Class Magistrate Court -IV, Kozhikode quashed. 2. Petitioners were accused in L.P No.70/2007 on the file of Judicial First Class Magistrate Court -IV, Kozhikode for having committed offence punishable under Section 498A, 406 r/w 34 I.P.C. The allegation is that the marriage between the 1st petitioner and the 1st respondent was on 07/07/1999 and that after marriage the accused began to torture the defacto complainant demanding more dowry and ornaments. Petitioner would say that the allegations are untrue and that they have been falsely implicated. 3. Whatever that be, it is clear from the proceedings that the petitioners were not available for trial and therefore the case shall be transferred to the L.P register. Normally the petitioners should undergo the trial. 4. However the defacto complainant has filed an affidavit before this court pointing out that she has no further W.P.(C).No. OF 2009 Page numbers grievance in the matter and all disputes between the parties have been settled amicably she does not want to prosecute the complaint further. 5. It is true that the offences alleged are under Section 498A, 406 r/w 34 I.P.C. which are not compoundable but one should notice that since the disputes are settled by parties and there is no public policy involved, the reliefs can be moulded. In the light of the affidavit filed by the 1st respondent, the trial of the case will be a futile exercise and waste of time of the court. Following the principles laid down in the decisions Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 Sessions Court) and Manoj Sharma v State (2008(4) KLT 417) it is only proper that further proceedings in the case be quashed. 6. Accordingly this petition is allowed and all further proceedings in L.P No.70/2007 pending before the Judicial First Class Magistrate Court -IV, Kozhikode and the charge sheet as against the petitioners shall stand quashed and all further proceedings as against them shall stand dropped. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE