IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 185 of 2010() ------------------------ CMP.982/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): ACCUSED 1TO 3 ---------------------------- 1. DILJITH,S/O.K.VASANTHA KUMAR, MANGALAM NAGAR 176,MOONAMKUTTY,MANGAD.P.O, KOLLAM.(FROM DEVI PRASADAM,VENKEKARA, KATHILIL.P.O,KOLLAM.). 2. K.VASANTHA KUMAR,S/O.K.P.KAUMARA KRISHNAN, MANGALAM NAGAR 176,MOONAMKUTTY,MANGAD.P.O, KOLAM.(FROM DEVI PRASADAM,VENKEKARA,MATHILIL.PO, KOLLAM.). 3. RADHAMANIAMMA,W/O.K.VASANTHA KUMAR, MANGALAM NAGAR 176,MOONAMKUTTY,MANGAD.P.O,KOLLAM. (FROM DEVI PRASADAM,VENKEKARA,MATHILIL.P.O, KOLLAM.) BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,ANCHALUMMOOD POLICE STATION,KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SHEEBA,D/O.JOSEPH,THEKKEPLAVILA CHARUVIL VEEDU,KODUVILA.P.O,EAST KALLADA, KOLLAM. ADV. SRI.C.SINOY FOR R2 PUBLIC PROSECUTOR MR.P A SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.185 of 2010 ------------------------------------- Dated 2nd February 2010 Order In this petition, filed under S.482 of the Code of Criminal Procedure, the petitioners seek to have all further proceedings in Crime No.82/2008 of Anchalummoodu Police Station, quashed. 2. The petitioners are accused Nos.1 to 3 in the above said crime, for having committed the offence punishable under S.498A read with S.34 IPC. 3. The second respondent herein filed CMP No.982/2008 before the Judicial First Class Magistrate's Court-I, Kollam, stating that the marriage between her and the first petitioner herein was solemnized on 20.07.2003. They have a child in the wedlock. According to the complainant, the accused began to harass and torture her, demanding more dowry. The complaint was referred to the police under S.156(3) Cr.P.C. and the Police filed final report, incorporating the offences CR MC 185/10 2 punishable under S.498A read with S.34 IPC and S.4 of the Dowry Prohibition Act. 4. It is not necessary to go further into the matter for the simple reason that this petition can be disposed of on a short point. This Court is given to understand that accused Nos.2 and 3 have already been deleted from the party array and only the first accused remains in the proceedings in the above said crime. 5. The complainant has filed an affidavit before this Court, stating that the parties have settled the disputes and presently, there is no difference of opinion remaining between them. The complainant submits that she seeks no further reliefs from Court and that the proceedings pending before the Family Court has also been compromised and settled. In the light of the above facts, it is prayed that further proceedings in the matter may be quashed. 6. It may be true that the offences under S.498A r/w S.34 IPC and S.4 of the Dowry Prohibition Act may not be compoundable. But, the fact remains that the CR MC 185/10 3 parties have settled their disputes and the complainant has no further grievance in the matter. Therefore, no purpose will be served by continuing the proceedings in the above said crime. 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 the proceedings pending before the JFCM Court-I, Kollam in relation to Crime No.82/2008 of Anchalummoodu Police Station stand quashed and all further proceedings shall stand dropped. P.BHAVADASAN, JUDGE sta CR MC 185/10 4