IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Crl.MC.No. 1409 of 2011() ----------------------------------- CC.1243/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD CRIME NO.700/2010 OF CHAVAKKAD POLICE STATION. .................... PETITIONER/1ST ACCUSED ---------------------------------------- FAISAL MAMADU, S/O. MAMADU, AGED 33 YEARS, KULANGARA HOUSE, KADAPPURAM VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS/DEFACTO COMPLAINANT/STATE AND ACCUSED 2 & 3 ----------------------------------------------------------------------------------------------------- 1. SABEENA, D/O. MUHAMMED BASHEER, AGED 23 YEARS, CHIRAKUZHI HOUSE, THALIKULAM VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 573. 2. STATE OF KERALA/ SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. MAMADU, AGED 61 YEARS, S/O. KUNJIMON, KULANGARA HOUSE, KADAPPURAM VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 573. 4. MAIMUNA, W/O. MAMADU, AGED 53 YEARS, KULANGARA HOUSE, KADAPPURAM VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680 573. R1 BY ADV. SRI.C.A.CHACKO. R2 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1409 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 20th day of May, 2011 O R D E R This is a petition filed by the first accused in C.C.No.1243/2010 on the file of the Judicial Magistrate of the First Class, Chavakkad, arising out of Crime No.700/2010 of Chavakkad Police Station to quash all further proceedings in the above case. 2. Petitioner is the first accused and respondents 3 and 4 are accused 2 and 3 in the above case. First respondent is the de facato complainant who is the wife of the petitioner. On a complaint made by the first respondent herein, the above case has been registered against the petitioner and respondents 3 and 4 under sections 406, 420 and 498A read with section 34 IPC. It is alleged in the petition that the matter has been settled between the parties and that as the offences alleged against the petitioner and respondents 3 and 4 are non-compoundable, CRMC 1409/2011 2 this petition has been filed to quash all further proceedings in the above case. 3. Notice given to the P.P. Adv. Sri.C.A.Chacko appears for the first respondent/de facto complainant. He has also submitted that the matter has been settled between the parties. An affidavit sworn to by the first respondent in this regard is produced. 4. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC)) and also in Madan Mohan Abbot V. State of Punjab (2008 (3) KLT 19 (SC)) that though the offences alleged against the petitioner were non- compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution, the entire proceedings can be quashed, exercising the powers under section 482 of Cr.P.C. In the present case the petitioner has settled the matter with the first respondent/de facto complainant. Therefore, no useful purpose will be served in keeping the case pending. Further the dispute was purely a personal one between the CRMC 1409/2011 3 petitioner and respondents 3 and 4. Therefore, in the light of the principles laid down in the above decisions and in the light of the affidavit filed by the first respondent/de facto complainant, I feel that the entire proceedings in the above case can be quashed. 5. In the result, this petition is allowed. C.C.No.1243/2010 on the file of the Judicial Magistrate of the First Class, Chavakkad and all further proceedings pursuant thereto are hereby quashed. P.Q.BARKATH ALI, JUDGE . mn.