IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.Rev.Pet.No. 936 of 2010() ----------------------------- AGAINST THE ORDER IN CMP.2704/2009 IN CC.103/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... REVN. PETITIONER(S):PETITIONER: ACCUSED: ----------------------------------------------------------------------- 1. P.P.ABOOBACKER HAJI, AGED 52 YEARS, S/O.SULAIMAN @ KUNJUMAKAN, PUTHENPEEDIKAYIL, KOODALLOOR AMSOM, OTTAPPALAM TALUK, PALAKKAD. 2. SULEKHA, W/O.P.P.ABOOBAKER HAJI, PUTHENPEEDIKAYIL, KOODALLOOR AMSOM, OTTAPPALAM TALUK, PALAKKAD. BY ADVS. SRI.T.RAVIKUMAR, SMT.G.AMBILI. RESPONDENT(S): COUNTER PETITIONER:COMPLAINANT: --------------------------------------------------------------------------------------- 1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.598/2005 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT). 2. SMT.FATHIMATH SUHARA, D/O.ABDURAHIMAN, VELUTHEDATHU PAUYALIL, KODUMUNDA DESOM, MUTHUTHALA PANCHAYAT, OTTAPPALAM TALUK, PALAKKAD DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. PUSHPALATHA M.K. R2 BY ADV. SRI.R.SREEHARI THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 30/06/2010 ALONG WITH CRRP.NO.1361 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ---------------------------------------- Crl.R.P. Nos. 936 & 1361 of 2010 ---------------------------------------- Dated the 30th Day of June, 2010 ORDER As these two Crl. R.Ps are arising out of a common order dated 11th March 2010, in C.M.P.No. 2704/2009 in C.C.No.103/2006 of the Court of Judicial First Class Magistrate, Pattambi, by which the prayer of the accused 4 in numbers therein, for a discharge under section 239 Cr.P.C., was rejected by the court below, and the factual questions involved are similar, these revision petitions are heard together and being disposed of by this common order. 2. C.C.No.103/2006 was instituted, upon a private complaint filed by the 2nd respondent herein, in the court below alleging offence under section 498 A read with Sec.34 of IPC. The allegation in the complaint is that the first accused therein married the de facto complainant and thereafter they lived as husband and wife and at the time of her marriage 50 sovereigns of gold ornaments and Rs.50,000/- was given and this was misappropriated by all CRL.R.P.Nos.936 & 1361/10 -:2:- the accused and thereafter the complainant was harassed by saying that she is engaged in adultery and the accused, in furtherance of their common intention committed offence of harassing the de facto complainant physically and mentally by demanding more money and ornaments. Thus according to the complainant, the accused have committed the offence under section 498A read with section 34 IPC. 3. From the materials available on record, it appears that against the taking of cognizance, the accused approached this Court by filing Crl.M.C. No.3205/09 which was disposed of by this Court by order dated 13.10.2009. Thus, when the above C.C.was pending in the court below, the accused approached the trial court for a discharge which was rejected and consequently, the accused filed two Revision Petitions. Crl.R.P.No.936/2010 is filed by accused Nos. 2 and 3 whereas as Crl.R.P.No.1361/2010 is filed by accused Nos. 1 and 4 in both these Crl.R.Ps, the complainant is the 2nd respondent. 4. Thus, while these Crl.R.P.s are pending before this CRL.R.P.Nos.936 & 1361/10 -:3:- court, the matter has been settled out of court and the 2nd respondent has produced Annexure R2(a) along with the counter affidavit in which it is stated that the matter has been settled out of court and also undertook that she is ready to compromise the dispute and to compound the offence. As the matter has been settled out of court in terms of Annexure R2(a) and especially, in the light of the decision of the Apex court in reported in B.S.Joshi v. State of Haryana (AIR 2003 SC 1386), recording the settlement arrived at by the parties, as per Annexure R2(a), these Crl.R.P.s are allowed, discharging the petitioners in C.C.No.103/2006 pending before the Judicial First Class Magistrate Court, Pattambi and allowing CMP No.2704/2009. The Crl.R.Ps are disposed of accordingly. V.K.MOHANAN, JUDGE kvm/- CRL.R.P.Nos.936 & 1361/10 -:4:- O.P.No. JUDGMENT Dated:..