IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Crl.MC.No. 3185 of 2009() ------------------------- CC.282/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA .................... PETITIONER(S)/ACCUSED: --------------- DINESAN K.P., S/O. GOVINDAN, ULLADAPALLI (H), VIRPAD, ARALAM AMSOM, KANNUR DIST. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S)/DE FACTO COMPLAINANT & STATE: --------------- 1. M. BEENA, D/O. KRISHNAN, PARAYIL HOUSE, P.O. NIRMALAGIRI, 2. STATION HOUSE OFFICER, KUTHUPARAMBA, KANNUR DIST. REP. BY P.P., HIGH COURT OF KERALA, ADV. SRI.S.NIDHEESH FOR R1 R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: uj. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3185 OF 2009 =========================== Dated this the 5th day of October,2009 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.282/2008 on the file of Judicial First Class Magistrate Court, Kuthuparamba. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the entire disputes were settled between the parties. Annexure-4 order in C.M.P.2847/2009 is filed by the first respondent before the learned Magistrate to establish that even before the learned Magistrate a petition was filed for permission to compound the offence, but as the offences alleged include an offence under section 498A of IPC which is not compoundable, permission was not granted to compound the offence and so the petition was dismissed. 2. An affidavit was filed by the first respondent who appeared through a counsel stating that consequent to the settlement she has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, Crl.M.C.3185/2009 2 first respondent and learned Public Prosecutor were heard. 4. When the allegation against the petitioner is that he committed offence under sections 406, 420 and 498A of IPC and first respondent wife the de facto complainant herself approached the learned Magistrate for permission to compound the offences which was refused as an offence under section 498A is not a compoundable offence and the affidavit filed by the first respondent establish that there was a complete settlement of the disputes, as held by the Apex Court in B.S. Joshi v. State of Haryana (2003(4) SCC 675) it is not in the interest of justice to continue the proceedings. Interest of justice warrants to quash the proceedings. Petition is allowed.C.C.282/2008 on the file of Judicial First Class Magistrate Court, Kuthuparamba is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006