IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 Crl.MC.No. 4152 of 2009() ------------------------- CC.570/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY (CRIME NO.385/07 OF CHOKLY POLICE STATION) .................... PETITIONER(S): ACCUSED NO.1 AND 5 --------------------------------- 1. K.P. MUSHTAFA, AGED 36 YEARS, S/O. AMMAN, RESIDING AT AL-RIFA, P.O. PERINGADI, NEW MAHE. 2. K.P. JAWAD, AGED 22 YEARS, S/O. AMMAN, RESIDING AT AL-RIFA, P.O. PERINGADI, NEW MAHE. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.T.P.SAJID SMT.M.A.SULFIA RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. P.K. RASEENA, AGED 26 YEARS, D/O. MOHAMMED, NO OCCUPATION, MAZEEDAS, P.O. NALUTHARA, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI SRI.K.NIKHIL NARENDRA NATH FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.4152 of 2009-B ------------------------------------- Dated 30th January 2010 Order The petitioners are accused Nos.1 and 5 in CC No.570/08 before the Judicial First Class Magistrate's Court, Thalassery, which originated from a private complaint filed by the first respondent herein under S.156 Cr.P.C. 2. The offence for which the accused were charge sheeted, was one under S.498A r/w S.34 IPC. Cognizance was taken on the final report and it is seen that some of the accused stood trial. Accused 2 to 4 who stood trial, were acquitted under S.248(1) Cr.PC. As accused Nos.1 and 5, who are the present petitioners were absconding, the case against them was split up and refiled. 3. The petitioners have now come forward with a claim that they have settled the matter with the defacto complainant and the defacto complainant has no further grievance in the matter. They, therefore, pointed out that the trial is quite unnecessary and would be only a waste of time. Since no disputes remain alive between the parties, it is only CR MC NO.4152/09-B 2 just and proper that this court quashes the further proceedings in CC No.570/08 in the light of the petition filed by the petitioners herein showing that the matter has been settled amicably, it is submitted. 4. I also heard the learned Public Prosecutor. He submitted that as far as his information goes, the matter has been settled between the parties. 5. It is true that the petitioners had been absconding and have been evaded trial. It is also true that the offence is one under S.498A, which is not compoundable. But, one has to notice that this is an inter-party dispute and no public dispute is involved. No public at large is affected by the dispute. In the facts and circumstances of the case and also in the light of the decisions in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 SC) and Manoj Sharma v. State (2008(4) KLT 417), the prayer made by the petitioners can be accepted. In the result, this petition is allowed. All further proceedings in CC No.570/08 relating to Crime No.385/07 of Chokly Police Station stand quashed as far as the petitioners herein are concerned. P.BHAVADASAN, JUDGE CR MC NO.4152/09-B 3 sta CR MC NO.4152/09-B 4