IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 Crl.MC.No. 194 of 2009() ------------------------ CP.32/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER(S)/1ST ACCUSED: ------------------------------------ KALLIVALAPPIL ABDULLA, P.O. BOX NO.33873, RIYADH,K.S.A.RESIDING AT KANNAMPARAMBIL HOUSE CHERUVADI P.O. MAVOOR VIA, KOZHIKODE DIST. BY MR.R.SUDHISH,ADVOCATE SMT.M.MANJU,ADVOCATE RESPONDENTS/STATE& DEFACTO COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHATHANKUTTY, S/O.NADIKUTTY, AGED 44 YEARS, PARAPPURATH HOUSE, KODIYATHOOR AMSOM, CHERUVADI DESOM, KOZHIKODE. BY MR.VINOD SIGH CHERIYAN,ADVOCATE FOR R2 PUBLIC PROSECUTOR MR.GIKKU JAVOB FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- CRL.M.C.NO.194 OF 2009 (B) ----------------------------------- Dated this the 12th day of March, 2009 O R D E R This petition is filed to quash the proceedings in C.P.No.32/2008 on the file of the Judicial First Class Magistrate Court II, Thamarassery. Though initially the accused were alleged to have committed the offence under Sections 452, 294(b), 324, 307, 506 (ii) read with 34 of the Indian Penal Code and 3(x) of the SC/ST (PA) Act, the police has admitted the charge after investigation only under Sections 294(b), 324, 506 (ii) read with Section 34 of the IPC and Section 3(x) of the SC/ST (PA) Act, 1989. This Court directed the defacto complainant to be present and the defacto complainant had stated before the Court that the matter has been settled. That has been recorded on 9.2.2009. It is submitted that the parties have sorted out the differences and they have settled the matter out of court. There was another case, S.C.No.1256/2006 and the accused has been CRL.M.C.194/09 2 acquitted by the Sessions Court. It is categorically asserted that there is no grievance for the defacto complainant against the accused. Even the parties are prepared to forgo and forgive the acts complained of and they wanted to live in a harmonious atmosphere. So, taking into consideration all these facts and applying the dictum laid done in Nikhil Merchant v. Central Bureau of Investigation (2008 (3) KLT 769 (SC)) and Joshi v. State of Haryana (2003 (2) KLT 1062 (SC)), it can be seen that the cause of action is something personal and it has been amicably settled out of court. So, applying the said principle, I am inclined to put an end to the litigation. Therefore, invoking the powers under Section 482, I quash all further proceedings in C.P.No.32/2008 pending before the JFCM II, Thamarassery. Accordingly this Criminal M.C. is allowed. M.N.KRISHNAN JUDGE prp CRL.M.C.194/09 3 J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008