IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 325 of 2010() ------------------------ CC.1285/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... (CRIME NO.832/09 OF ERNAKULAM TOWN NORTH POLICE STATION) ..... PETITIONERS/ACCUSED: -------------------------------------- 1. RAJESH T.R.,S/O.RADAKRISHNAN, AGED 32 YEARS, 'DHANASREE'HOUSE, ST.BENEDICT 1ST CROSSS ROAD, KOCHI-18. 2. RADHAKRISHNAN NAIR T.V., S/O.VELAYUDHAN PILLA, AGED 66 YEARS, 'DHANASREE' HOUSE, ST.BENEDICT 1ST CROSS ROAD, KOCHI-18. 3. SHYAMALA M.C., W/O.RADHAKRISHNAN NAIR.T.V.., AGED 59 YEARS, 'DHANASREE' HOUSE, ST.BENEDICT 1ST CROSS ROAD, KOCHI-18. 4. DHANYA SUJAY, W/O.SUJAY MENON, AGED 27 YEARS, 'DHANASREE' HOUSE, ST.BENEDICT 1ST CROSS ROAD, KOCHI-18. BY ADV. MR.O.V.MANIPRASAD RESPONDENT(S): STATE AND THE DEFACTO COMPLAINANT: ------------------------------------------------------------------------------------------- 1. STATE OF KERALA (THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION CRIME NO.832/09) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SMT.SANGEETHA JYOTHI, W/O.T.R.RAJESH, AGED 29 YEARS, SWARGAM, KANIYAVELI ROAD, VENNALA P.O., KOCHI-28. R1 BY PUBLIC PROSECUTOR MR. P.A.SALIM R2 BY ADV. MR.R.PREMCHAND THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.325 OF 2010 -------------------------------- Dated this the 1st day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have Annexure A II charge Sheet and all further proceedings in C.C No.1285/2009 pending before the Judicial First Class Magistrate Court – I, Ernakulam quashed. 2. Petitioners are the accused in Crime No.832/2009 of Ernakulam Town North Police Station for having offences punishable under Sections 498(A), 120(B) and 34 IPC. After investigation, final report was filed. Cognizance was taken by the court as per C.C No.1285/2009. It is unnecessary to go into the details of the case for a simple reason that this petition can be disposed of in a very short term. 3. It is pointed out that the parties have settled the dispute between them. They therefore pray that a queitus may be given to the matter. 4. It is true that the offences are under Sections 498 (A), 120(B) and 34 of IPC are not compoundable but one should notice that since the disputes are settled by parties and there is Crl.M.C No.325 OF 2010 Page numbers no public policy involved, the reliefs can be moulded. In the light of the decision reported in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 Sessions Court ) and Manoj Sharma v State (2008(4) KLT 417) there is no reason as to why the prayers should not be accepted. 5. In the result the petition is allowed and all further proceedings in C.C No.1285/2009 pending before the Judicial First Class Magistrate Court – I, Ernakulam shall stand quashed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv