IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Crl.MC.No. 3409 of 2005 ------------------------- CC.712/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: 2ND ACCUSED. --------------------------- M.V.SHOUKATH, AGED 35, S/O.ABDUL KAREEM, M.V.C. HOUSE, MATTOOL CENTRAL 670 302. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR RESPONDENT: COMPLAINANT. --------------------------- STATE OF KERALA, REP. TO THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R2. AZHIKKODAN SYLAVI, D/O. A.T. ABBAS, THALIMA MANZIL, EZHONE KANNUR. IS IMPLEADED AS PER ORDER DATED 22-2-06 IN CRL.M.A. 835/2006. BY PUBLIC PROSECUTOR MR. C.M. NAZAR SRI.A.K.ABDUL AZEEZ FOR R2 SRI.T.V.JAYAKUMAR NAMBOODIRI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10-2-2009, THE COURT on the SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M..NO. 12597/2005 IN CRL.M.C.3409/2005 DISMISSED. 10-2-2009 SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S.TO JUDGE M.C. HARI RANI, J. ====================== CRL.M.A.NO. 835 OF 2009 IN CRL.M.C.NO. 3409 OF 2005 =========================== Dated this the 11th day of February 2009 ORDER This is the compromise petition filed under Sections 320 and 482 of the Code of Criminal Procedure Code. In this petition, the petitioner, who is the second accused in C.C.No.712/2004 pending on the file of the Judicial First Class Magistrate Court, Payyannur, with the allegation of offences under Sections 420 and 498-A read with Section 34 of the Indian Penal Code, and the de facto complainant therein have signed and also countersigned by their counsel. The dispute between the parties is personal in nature and the criminal proceedings can be quashed by accepting the terms of compromise in the light of the decision reported in Madan Mohan Abbot v. State of Punjab, 2008(3)K.L.T.19(SC). Considering the facts and circumstances of the case and the facts stated in this petition, this Crl.M.A.is allowed. M.C. HARI RANI JUDGE ks. M.C. HARI RANI, J. ====================== CRL.M.C.NO. 3409 OF 2005 =========================== Dated this the 11th day of February 2009 ORDER In the light of the order in Crl.M.A.No.835/2009, this Crl.M.C.is allowed and the proceedings against the petitioner in C.C.No.712/2004 pending on the file of the Judicial First Class Magistrate Court, Payyannur is quashed. M.C. HARI RANI JUDGE ks.