IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Crl.MC.No. 2916 of 2009() ------------------------------------ CC.28/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER/ ACCUSED ---------------------------------- A.S. BABU, S/O. SKARIA, ARAPPIL HOUSE, ERUMAMUNDA POST, CHUNGATHARA VIA, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.PREMCHAND R.NAIR MR.BEPIN PAUL RESPONDENT/STATE/COMPLAINANT ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. GLORY BABU, D/O. MATHEW GEORGE, GLORY VILLA, MUNNALUM, ADOOR P.O., PATHANAMTHITTA DISTRICT. R1 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/12/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.2916 OF 2009 ------------------------------------------ Dated 10th December 2009 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.28/2008 on the file of Judicial First Class Magistrate, Adoor taken cognizance for the offence under Section 498 A on Annexure-A1 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and in view of the settlement, the case is to be quashed. Though petitioner was given more than sufficient opportunity to see that second respondent appeared and agree for composition, second respondent neither appeared nor filed any statement agreeing for settlement. In such circumstances, based on the alleged settlement the case cannot be quashed as sought for. Petition is dismissed with liberty to the petitioner to approach the court along with second respondent to quash the proceedings if in fact there is a composition. M.SASIDHARAN NAMBIAR, JUDGE. uj.