IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 Crl.MC.No. 423 of 2011() ------------------------ CC.463/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PONNANI CRIME NO.370/2008 OF PONNANI POLICESTATION, MALAPPURAM .................... PETITIONER(S): ACCUSED ---------------------- THAREEKKANAKATH ABDUTTY,S/O.BEERAN, AGED 41 YEARS,WEST OF HAMSATHPALLI, PONNANI TWON. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): DEFACTO COMPLAINANT/RESPONDENT --------------------------------------------- 1. SHAREEFA, POKKARAKATH HOUSE, ANAPPADI, PONNANI SOUTH, MALAPPURAM-675 151. 2. STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.SURESH KUMAR FOR R1 PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.423 of 2011 -------------------------------------- Dated this the 17th day of February, 2011. ORDER Petitioner is the accused in Crime No.370 of 2008 of Ponnani Police Station and C.C.No.463 of 2008 of the court of learned Judicial First Class Magistrate, Ponnani for offences punishable under Section 498A and 406 read with Section 34 of the Indian Penal Code. That case was registered on the complaint of respondent No.1 alleging that petitioner subjected her to cruelty demanding more ornaments and misappropriated her ornaments. Police after investigation submitted final report, Annexure-A2. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with respondent No.1. I have heard learned counsel for petitioner, respondent No.1 and the learned Public Prosecutor. Learned counsel for respondent No.1 has confirmed the fact of settlement and respondent No.1 is signing the compounding petition. 2. It is seen from the compounding petition that petitioner and respondent No.1 have settled the disputed among them. The dispute is purely personal to and between petitioner and respondent No.1. Since parties have settled the dispute and there is no possibility of a successful culmination of the prosecution I am inclined to allow this petition. Crl.MC No.423/2011 2 Resultantly this petition is allowed. Annexure-A2, final report in Crime No.370 of 2008 of Ponnani Police Station, cognizance taken thereon and proceedings in C.C.No.463 of 2008 of the court of learned Judicial First Class Magistrate, Ponnani against petitioner are quashed. THOMAS P.JOSEPH, Judge. cks