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. 400 of 2010() ---------------------------------- CC.286/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, N.PARAVUR. CRIME NO.77/2007 OF BINANIPURAM POLICE STATION. .................... PETITIONERS/ACCUSED NOS.1 & 2 ---------------------------------------------------- 1. ALI KUNJU @ NISHAD ALI, S/O. ABDUL KHADER, AGED 33, KARIVELIPRAMBU HOUSE, PANAYIKULAM, PARAVUR TALUK, ERNAKULAM DISTRICT. 2. KOCHUPENNU, W/O. ABDUL KHADER, AGED 63, KARIVELIPRAMBU HOUSE, PANAYIKULAM, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. MR.ANIL K.MOHAMMED RESPONDENTS/ STATE & DEFACTO COMPLAINANT --------------------------------------------------------------------------- 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUCHITHRA @ THAHIRA, D/O. ABDUL MAJEED, EDATHATAHRA HOUSE, NEERIKODU, ALANGAD VILLAGE, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R2 BY ADV. MR.T.E.ISMAIL. 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.400 OF 2010 ------------------------------ Dated this the 11th day of February, 2010 O R D E R ~~~~~~~ This is a petition filed under Section 482 of the Code of Criminal Procedure, seeking to quash all further proceedings in CC No.286/2007, pending before the Judicial First Class Magistrate, North Paravur. 2. It appears that the 2nd respondent herein filed a private complaint before Judicial First Class Magistrate, North Paravur, which was sent for investigation under Section 156(3) of the Code of Criminal Procedure to the North Paravur Police Station. Crime No. 77/2007 was registered for offence punishable under Section 498A read with Section 34 of the Indian Penal Code. 3. The marriage between the 1st accused and the complainant took place on 25.5.2003. Various averments are made in the complaint which is the FIS supporting the allegation of cruelty. But, it is unnecessary to refer to all Crl.M.C.No.400/2010 2 these details for the reason that the parties have settled the matter between them. One has to notice that the dispute and differences of opinion between a couple. If they were decided to bury the differences of opinion and decided to live a peaceful life, there is no reason why this Court should insist that the proceedings should be continued. 4. A joint petition has been filed by parties showing that they no longer have any dispute between them and that they have resolved all differences of opinion. The learned Public Prosecutor confirmed that the defacto complainant does not want to continue the proceedings. 5. Though the offence under Section 498A may not be compoundable in the light of the above stated facts it is proper that the matter be given a quietus. 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), appropriate relief can Crl.M.C.No.400/2010 3 be granted to the petitioners. In the result, this petition is allowed and all further proceedings in CC No.286/2007, pending before the Judicial First Class Magistrate, North Paravur, shall stand quashed and all further proceedings shall stand dropped. (P.BHAVADASAN, JUDGE) ps