IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Crl.MC.No. 277 of 2010() ------------------------ CC.505/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S): ACCUSED ------------------------------------- 1. K.S.HIDYATH, AGED 35 YEARS S/O.K.M.SHAMSUDHEEN, HOUSE NO.21/1507-B, THANGAL NAGAR, PATHINETTUMKANDAM LANE, KOCHI-6 2. K.M.SHAMSUDEEN, AGED 60 YEARS S/O.LATE MUHAMMAED BAVA HOUSE NO.21/1507-B,THANGAL NAGAR, PATHINETTUMKANDAM LANE, KOCHI-6 . 3. K.S.SULEKHA, AGED 50 YEARS W/O.K.M.SHAMSUDEEN, HOUSE NO.21/1507-B, THANGAL NAGAR,PATHINETTUMKANDAM LANE, KOCHI-6 . 4. K.S.NAJEEB, AGED 32 YEARS, HOUSE NO.21/1507-B,THANGAL NAGAR, PATHINETTUMKANDAM LANE, KOCHI-6 . 5. K.S.SHIJITHA, AGED 25 YEARS, W/O.HARSHADH, MUTTAYIL HOUSE VATTEKUNNAM, EDAPPALLY NORTH. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. FEBEENA BANU, AGED 28 YEARS D/O.ALI, HOUSE NO. 3/332 HAJI MAHAL, CHERLAILADAVU,KOCHI. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. R2 BY ADV. SRI.M.H.HANIS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 277 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have the proceedings in C.C.505 of 2009 on the file of the Judicial Magistrate of the First Class-II, Kochi quashed and to drop all further proceedings pursuant thereto against the petitioners. 2. Petitioners are accused Nos.1 to 5 in Crime No.634 of 2009 of Palluruthy Police Station for having committed offences punishable under Sections 498A, 323, 406, 506(1) and 120B of the Indian Penal Code. The crime originated on a private complaint, which was forwarded for investigation under Section 156(3) of the Cr.P.C.. Allegation is that the petitioners subjected the defacto complainant to cruelty demanding that more dowry should be brought by her. After investigation final Crl.M.C.277/2010. 2 report was filed, which is marked as Annexure A2. It is pointed out that the parties have settled the disputes and there is no further difference of opinions exist between them. They also filed a petition to that effect before court. Learned Public Prosecutor submits that his instructions are to the effect that the matter has been settled. 3. Even though some of the offences are not strictly compoundable, in the light of the fact that the parties have settled the differences and to give a quietus to the whole issue, as no purpose will be served by proceeding with the trial of the case, in the light of the decisions reported in Madan Mohan Abbot v. State of Punjab [2008(3) KLT 19(SC)] and Manoj Sharma v. State [2008 (4)KLT 417 (SC)], this petition is allowed, further proceedings in C.C. 505 of 2009 on the file of JFCM-II, Kochi shall stand quashed and all further proceedings shall stand dropped. P. BHAVADASAN, JUDGE sb.