IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU WEDNESDAY, THE 5TH SEPTEMBER 2007 / 14TH BHADRA 1929 Crl.MC.No. 4572 of 2003() ------------------------- CC.246/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI C.C.NO.176/1999 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER: 4TH ACCUSED ----------------------- ABDUL NASSAR, S/O.SAITHALI, VALLIATHODI VEEDU, KULAKKALLOOR AMSOM & DESOM, OTTAPPALAM. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.M.C.No.4572 of 2003 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of September, 2007 O R D E R The petitioner is the fourth accused in C.C.No.176/1999 with respect to the offence under Section 498A read with Section 34 of the Indian Penal Code. The rest of the accused were tried and acquitted vide Annexure-B judgment. It is submitted that the petitioner is the brother-in-law of the de facto complainant and that he was working abroad. It is also submitted that the matter has been settled and compounding petition was filed. I find that it can be seen from para-4 of Annexure-B judgment that the formal compounding petition was filed and none of the prosecution witnesses supported the prosecution case. In the circumstances, I find that no purpose will be served by further proceeding against the petitioner in the split up case, C.C. No.246/2002. This application is allowed. The proceedings in C.C.No.246/2002 in the court of Judicial Magistrate of the First Class, Pattambi, is herewith quashed. K.R.UDAYABHANU, Judge ms