IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Crl.MC.No. 1391 of 2011() ------------------------------ CC.591/2006 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER(S): ACCUSED NOS. 1 TO 4 --------------------------------------------- 1. STANLEY D'CRUZ,AGED 29,KATTUNILATH VEEDU PERUMANOOR, ERNAKULAM. 2. GLADIS,W/O.PATRIC D'CRUZ,KATTUNILATH VEEDU, PERUMANOOR, ERNAKULAM. 3. SUSANIYA @ SEEMA, W/O.SANTHOSH, KATTUNILATH VEEDU, PERUMANOOR, ERNAKULAM. 4. SAMSON,S/O.PATRIC D'CRUZ,KATTUNILATH VEEDU,PERUMANOOR, ERNAKULAM. BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): --------------------- 1. JANNET FRANCIS, AGED 26, D/O.KUNJUMON, KURIZINKAL, POOMKAVU,ALAPPUZHA 688 001. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1391 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 17th day of May, 2011 O R D E R This is a petition filed under section 482 of the Code of Criminal Procedure by accused 1 to 4 in C.C. No.591 of 2006 on the file of the Chief Judicial Magistrate, Alappuzha for quashing Annexure-I judgment in the said case dated September 17, 2010 and to permit them to compound the offence. 2. The allegation against the petitioners is that they ill- treated the de facto complainant, who is the wife of the first petitioner, and thereby committed the offence punishable under section 498A read with section 34 IPC. The petitioners 1 to 3 stood trial before the trial court while charge against the fourth petitioner was split up and refiled as C.C.No.222 of 2010, as he was absconding. The trial court found the petitioners 1 to 3 guilty of the offence alleged against them and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/- each, in default to undergo simple imprisonment for three more months. Copy of CRMC 1391/2011 2 the said judgment is produced as Annexure-I. The petitioners 1 to 3 have challenged the said conviction and sentence in Crl.A.No.526 of 2010 before the Sessions Court, Alappuzha and the same is now pending. 3. The dispute between the de facto complainant and the petitioners is now settled. As the offence is non-compoundable, it cannot be compounded before the Sessions Judge. Therefore, the petitioners have filed this petition under section 482 of Cr.P.C. to quash Annexure-I judgment of the learned Magistrate. 4. When the Crl.M.C. came up for admission today, the de facto complainant i.e., first respondent herein is represented by Adv. S.R.Sreejith. He also submitted that the matter has been settled. As the offence under section 498A IPC is not compoundable, permission cannot be granted to compound the offence. 5. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC)) that though the offence alleged against the accused was non-compoundable and if the parties had settled the matter and it was not in the interest of CRMC 1391/2011 3 justice to continue the prosecution, the entire proceedings can be quashed exercising the powers under section 482 of Cr.P.C. The principles laid down in the above decision are followed by this Court in Biju Eappen V. State of Kerala (2010(1) KLT 289). Therefore, in the light of the principles laid down in the above decisions, and as the matter has been settled between the parties and as it is not in the interest of justice to continue the prosecution, I am of the view that Annexure-I judgment has to be quashed. 6. In the result, this petition is allowed. Conviction and sentence of the petitioners/accused 1 to 4 by the Chief Judicial Magistrate, Alappuzha by judgment dated September 17, 2010 in C.C. No.591/2006 are set aside. Crl.A.No.526/2010 pending before the Sessions Court, Alappuzha and C.C. No.591/2006 on the file of the Chief Judicial Magistrate Court, Alappuzha are quashed. P.Q.BARKATH ALI, JUDGE . mn.