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. 419 of 2010() ---------------------------------- CC.28/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/ACCUSED --------------------------------- A.S. BABU, S/O.SKARIA, ARAPPIL HOUSE ERUMAMUNDA POST, CHUNGATHARA VIA NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.PREMCHAND R.NAIR MR.TOJAN J. VATHIKULAM RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. GLORY BABU, D/O.MATHEW GEORGE GLORY VILLA, MUNNALUM, ADOOR PO, PATHANAMTHITTA DISTRICT. R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. SMT.C.A.RAKHI ANTONY, MR.V.P.PRASANTH . 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.419 OF 2010 ---------------------------------- Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ In this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks to have all further proceedings in CC No.28/2008, pending before the Judicial First Class Magistrate Court, Adoor, quashed. 2. It appears that on the basis of a complaint laid by the 2nd respondent Crime No.948/2007 was registered by the Adoor Police Station for the offence punishable under Section 498A against the petitioner. 3. On going through the petition it is seen that there were several litigations between the parties and the parties have ultimately settled all the disputes. They also agreed to withdraw all the cases and give a quietus to them. In fact a joint petition has been filed by the petitioner and the 2nd respondent showing that there are no further disputes remain and that the 2nd respondent has no further grievance in the matter. Crl.M.C.No.419/2010 2 4. The learned Public Prosecutor affirmed the above facts. 5. May be that the offences under Section 498A is not compoundable in law, but one must notice that the matter involved is purely personal between a couple and therefore felt that it is unnecessary to protract the matter and stand it for trial. 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), it is only proper that the proceedings are given a quietus. In the result, this petition is allowed and all further proceedings in CC No.28/08, pending before the Judicial First Class Magistrate Court, Adoor, shall stand quashed and dropped. (P.BHAVADASAN, JUDGE) ps