IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Crl.MC.No. 247 of 2010() ------------------------ CC.1538/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOTTARAKKARA .................... (FIR NO.35/2009 OF CHADAYAMANGALAM POLICE STATION) PETITIONER(S): ACCUSED 1 TO 4: --------------------------------------------------- 1. SUJADUDEEN, S/O.ABDUL LATHEEF, ALUVILA CHARUVILA PUTHEN VEEDU, KANNANKODU, NILAMEL VILLAGE, KOLLAM. 2. ABDUL LATHEEF, ALUVILA CHARUVILA PUTHEN VEEDU, KANNANKODU, NILAMEL VILLAGE, KOLLAM. 3. ANEESA BEEVI, ALUVILA CHARUVILA PUTHEN VEEDU, KANNANKODU, NILAMEL VILLAGE, KOLLAM. 4. ASEELA BEEVI, D/O.ANEESA BEEVI, ALUVILA CHARUVILA PUTHEN VEEDU, KANNANKODU, NILAMEL VILLAGE, KOLLAM. BY ADV. MR.R.V.SREEJITH RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA. 2. REJINA MOL, D/O.JALALUDEEN, REJI MANZIL, PATTARA, KALLARA VILLAGE, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM R2 BY ADV. MR.S.BIJU (KIZHAKKANELA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.247 OF 2010 -------------------------------- Dated this the 27th day of January 2010 ----------------------------------------------------- ORDER This petition has been filed under Section 482 Code of Criminal Procedure seeking to have further proceedings in C.C No.1538/2009 pending before the Judicial First Class Magistrate Court-II, Kottarakara quashed. 2. The allegation against the petitioners is that the 1st petitioner had married the 2nd respondent on 22/05/2008 and 1st petitioner had received 70 sovereigns of gold ornaments and cash. The allegation is that he misappropriated the gold ornaments. Thereafter demanding more dowry he treated the complainant cruely. Cognizance of the offence was taken by the court below. Offences alleged against the respondents are under Section 498A and 511 of 313 IPC. 3. Before this court compromise petition was filed in which it is stated that they have settled all new further grievances in the matter. The offences are not compoundable. But since they are personal in nature in the light of the decisions of the Apex court in “Madan Mohan Abbot v State of Punjab” Crl.M.C.No.247 OF 2010 Page numbers (2008(3) KLT 19), “Nikhil Merchant v Central Bureau of Investigation”(2008(3) KLT 769) and “Manoj Sharma v State” (2008(4) KLT 417) the petition stands allowed. Further proceedings in C.C No. 1538/2009 stands quashed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv