IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Crl.MC.No. 388 of 2010(C) ------------------------------------ [CC.NO.22/2006 OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA, NOW PENDING AS L.P. NO. 45/2007, CRIME NO.532/2005 OF PATHANAMTHITTA POLICE STATION] .................... PETITIONER/ACCUSED: ---------------------------------- ANSARI, AGED 34 YEARS, S/O.SHERIFF, KEEZHAYYATHU PURAYIDOM VEEDU, AANAPPARA, KUMBUZHA MURI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. MR.AJITH MURALI. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SURAKATH, W/O.ANSARI, AGED 30 YEARS, KEEZHAYYATHU PURAYIDOM VEEDU, AANAPPARA, KUMBUZHA MURI, PATHANAMTHITTA VILLAGE, PUTHANAMTHITTA DISTRICT. R1 BY PUBLIC PROSECUTOR MR. NAZAR.S.U, R2 BY ADV. MR.P.V.DILEEP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P. BHAVADASAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 388 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 10th day of February, 2010 O R D E R This is a petition filed under section 482 of the Code of Criminal Procedure to have Annexure-A charge sheet in Crime No. 532 of 2005 of Pathanamthitta Police Station and all subsequent proceedings in C.C. No.22 of 2006, which is now pending as L.P. No.45 of 2007 on the file of the Chief Judicial Magistrate Court, Pathanamthitta, quashed. 2. The petitioner is the accused in Crime No.532 of 2005 of the Pathanamthitta Police Station having committed an offence punishable under section 498A IPC. The 2nd respondent is the complainant. 3. A joint petition has been filed before this Court by the complainant as well as the accused, pointing out that they are settled all their disputes amicably and they are leading a peaceful life. True the offence under section 498A is not a compoundable offence, but it is noticed that the disputes between the couple are amicably settled and no Crl.M.C. 388/10 2 public interest is involved. In the light of the principle laid down in Madan Mohan Abbot V. State of Punjab (2008(3) KLT 19 (SC) and Manoj Sharma V. State (2008(4) KLT 417(SC), it is only proper that the prayer sought for in this case has to be granted. 4. In the result this petition is allowed. All further proceedings in C.C. No.22 of 2006, which is now pending as L.P. No.47 of 2007 on the file of the Chief Judicial Magistrate Court, Pathanamthitta shall stand quashed. P.BHAVADASAN, JUDGE. mn.