IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3802 of 2008() ------------------------- CRIME NO.161/2008 OF MEDICAL COLLEGE POLICE STATION PETITIONER(S): DEFACTO COMPLAINANT ---------------------------------- RASHEEDA K.P., D/O.MOHAMMED, AGED 30 YEARS, MAYAMKOTU THAZHATHU VEETIL, KUTTIKATOOR AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ERAKODAN BASHEER, S/O.ISHA, VAMBATTA HOUSE, ANAYAMKUNNU P.O., MUKKAM, KOZHIKODU TALUK. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3802 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioner is the de facto complainant/informant in crime No.161/2008 of Medical College police station, Calicut. Crime has been registered alleging offences punishable under Sections 406 and 420 I.P.C. The crux of the allegations is that the petitioner was fraudulently induced to part with an amount of Rs.2.5 lakhs to the second respondent/accused on the deceptive promise that he shall marry her. Crime has been registered. Investigation is in progress. Investigation has not been completed so far. 2. In the meantime, the disputes between the parties have been settled and the petitioner/de facto complainant has compounded the offences allegedly committed by the second respondent. The petitioner, in these circumstances, does not want to further prosecute the second respondent. Offence under Sections 406 and 420 I.P.C are compoundable under Section 320 Cr.P.C; but offence under Section 406 I.P.C is compoundable only if the amount involved does not exceed Rs.2,000/-. In these Crl.M.C.No.3802/08 2 circumstances, the petitioner has come before this court with a prayer that the composition may be accepted and invoking the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] the crime registered against the second respondent at the instance of the petitioner may be quashed. 3. The learned counsel for the petitioner vouches for the signature of the petitioner in the petition and confirms that there has been a bona fide, voluntary and genuine settlement of the dispute and composition by the petitioner. The petition is seen signed by the petitioner and countersigned by her counsel. I am satisfied from the materials placed before me that there has been a bona fide and genuine settlement of the dispute between the petitioner and the second respondent and the petitioner has compounded the offence allegedly committed by the second respondent. I am satisfied that the dispute is one which is purely personal and private between the parties and that no purpose will be served by unnecessary continuance of the proceedings. This, I am satisfied, is an eminently fit case where powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan (Supra) can safely be invoked to bring to premature termination Crl.M.C.No.3802/08 3 the prosecution against the second respondent herein. 4. In the result, a) This Crl.M.C. is allowed. b) Crime No.161/08 of Medical College police station, Calicut registered under Sections 420 and 406 I.P.C against the second respondent herein on the basis of the information furnished by the petitioner herein is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3802/08 4 Crl.M.C.No.3802/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008