IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Crl.MC.No. 1722 of 2010() ------------------------- CP.4/1979 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ------------ ANATHAN, S/O. KUMARAN, ANAKKATHY, ARIPPALAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSEPCTOR OF POLICE, CHALAKKUDY POLICE STATION 2. MOHAN, S/O. DAMODARAN, KOTTUKKAL, PYNGODE P.O.VALLIVATTOM, MUKUNDAPURAM TALUK, PIN – 680 124 ADV. SRI.LUIZ GODWIN SRI.V.K.PREMAKUMAR PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * CRL.M.C. NO. 1722 OF 2010 * * * * * * * * * * * * * * * * * * Dated this the 20th day of May, 2010 ORDER Petitioner is the accused in C.P. No. 4 of 1979 pending before the J.F.C.M. , Chalakkudy for offneces punishable under Sections 511 of 363, 364, 323 and 307 I.P.C. The above complaint was filed by the 2nd respondent herein who is the brother of the petitioner's wife. The occurrence forming the subject matter of the complaint was an alleged attempt by the petitioner to kidnap his own child at the time of separation between the petitioner and his wife. The matter has subsequently been settled between the parties. In as much as the dispute is an off-shoot of the marital incompatibility between the petitioner and his wife, continuation of the prosecution which is now pending as C.P. 4 of 1979 is an avoidable irritant. Hence, taking note of the settlement between the petitioner and the 2nd respondent, Crl.M.C. No. 1722 of 2010 -:2:- the offence is permitted to be compounded in the light of Madan Mohan Abbot v. State of Punjab- (2008) 4 SCC 582 . The proceedings in C.P. 4 of 1979 before the J.F.C.M. Chalakkudy as well as L.P.C. 6 of 1981 shall stand quashed. Crl.M.C. is allowed as above. Dated this the 20th day of May, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge ani.