IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Crl.MC.No. 1532 of 2010() ------------------------- CP.67/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER(S): ------------------ BINU @ BINOJ, S/O CHELLAPPAN, AGED 36 YEARS, CHEERANCHIRA HOUSE, CHETTIKUZHA MURI, CHANGANACHERRY. BY ADV. SRI.AJITH MURALI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MOHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.M.SHAFFIQUE, J ------------------------------- Crl.M.C.No.1532 of 2010 -------------------------------- Dated this the 27th day of April, 2012 O R D E R This petition is filed under Section 482 Cr.P.C. This Crl.M.C is for quashing Annexure-A charge-sheet in Crime No.341/2010 of Kunnikkodu police station, pending as C.P. 65/2011 before the Judl. First Class Magistrate Court-III, Punaloor, alleging offences under Section 366 IPC. The de-facto complainant has filed an affidavit stating that the matter has been settled between the parties. 2. Though the offence is not compoundable, in view of the judgments of the Supreme Court in Joshi v. State of Haryana [2003(2) KLT 1062(SC)]Madan Mohan Abbot v. State of Punjab [AIR 2008 (S.C.) 1969], Nikhil Merchant v. C.B.I [2008(3) KLT 769] and Manoj Sharma v. State [2008(4) KLT 417], it seems that there is no reason to proceed with the prosecution of the above case. As matters stand settled especially in view of the fact that the de-facto complainant does not intend to proceed with the case, there is no point in proceeding with the case. Trial 2 of the case involves unnecessary hardship to the de-facto complainant. Hence the principles adopted in the above judgment can be applied to the facts of this case also. 4. In the above circumstances, Annexure-A charge-sheet in Crime No.341/2010 of Kunnikkodu police station, in C.P. 65/2011 pending before the Judl. First Class Magistrate Court-III, Punaloor, shall stand quashed. Crl.M.C is disposed of as above. A.M.SHAFFIQUE, JUDGE ss