IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 89 of 2010() ----------------------- (CRIME NO.995 OF 2009 OF CHERANELLOOR POLICE STATION) PETITIONER(S): ACCUSED 1 TO 4 ----------------------------- 1. ANFIL, AGED 30 YEARS, THAVAKKAL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 2. ABDUL JABBAR, AGED 53 YEARS, S/O.ABDUL RASSAQ, THAVAKKAL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 3. ANSALNA JABBAR, AGED 49 YEARS, THAVAKKAL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 4. ASHNAMOL, AGED 19 YEARS, THAVAKKAL HOUSE, S.H.MOUNT P.O., KOTTAYAM. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------ 1. KHALID HAKKEEM, AGED 60 YEARS, JIS-N-REEZEL, CHERANALLOOR DESOM, SOUTH CHITTOOR, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.ASHIK K. MOHAMMED ALI FOR R1 PUBLIC PROSECUTOR SRI.P A SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.89 of 2010-C ------------------------------------- Dated 28th January 2010 Order This is a petition filed under Section 482 of the Code of Criminal Procedure, seeking to have all further proceedings and FIR in Crime No.995 of 2009, pending before the Cheranelloor Police Station, quashed. The petitioners are accused in the above said crime for having committed the offences punishable under Ss.498A and 304B read with S.34 IPC. 2. Jisma, the daughter of the 1st respondent was married to the first petitioner. She died and there was an allegation that it was due to the cruelty meted out to her by the inmates of the family of the first petitioner. Based on the complaint filed by the first respondent, Crime No.995/09 was registered. A copy of the F.I.R. is produced as Annexure A. It is stated that later, due to the intervention of some well-wishers, the matter was Cr. MC No.89/10 2 settled between the parties. The first respondent, the father of the lady, who was the defacto complainant, has stated that he had no further complaint in the matter and the matter was settled. 3. I also heard the learned counsel appearing for the first respondent, who submitted that the matter has been settled between the parties and that no further grievance subsists in the matter. 4. True, the offences disclosed are not compoundable as offences are those punishable under Ss.498A and 304B read with S.34 IPC. But, on going through the allegations, it is found that the allegation of commission of offence punishable under S.304B may not be established. Considering the fact that the matter is concerning the personal rights of the parties, it is felt that holding the trial will be only a futile exercise. Accordingly, this petition is allowed. The FIR in Crime No.995 of 2009, pending before the Cheranelloor Police Cr. MC No.89/10 3 Station is quashed and further proceedings in the said case shall be dropped. P.BHAVADASAN, JUDGE sta Cr. MC No.89/10 4