IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 Crl.MC.No. 1198 of 2010() ------------------------- (TO QUASH ANNEXURE A-2 FINAL REPORT IN CRIME NO.128/2008 OF ADHUR POLICE STATION, KASARGOD) PETITIONERS: --------------- 1) MUSTHAFA, S/O.ADAM, AGED 33 YEARS, CHOORIMOOLA, MOOLIYAR VILLAGE, KASARGOD. 2) ADAM, S/O.ALAVI, AGED 62 YEARS, CHOORIMOOLA, MOOLIYAR VILLAGE, KASARGOD. 3) NAFEESA, W/O,ADAM, AGED 54 YEARS, CHOORIMOOLA, MOOLIYAR VILLAGE KASARGOD 4) SAYYAD, S/O.ADAM, AGED 40 YEARS, NEERCHAL, NEERCHAL VILLAGE, KASARGOD. 5) JALALUDDEEN, S/O.ADAM, AGED 21 YEARS, CHOORIMOOLA, MOOLIYAR VILLAGE, KASARGOD. BY ADV. SRI.S.JIJI RESPONDENTS: --------------- 1) STATE OF KERALA REPRESENTING S.I. OF POLICE ADHUR POLICE STATION KASARGOD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2) KHADEEJA, CHOORIMOOLA, ,MOOLIYAR VILLAGE KASARGOD. ADV. SMT.C.G.PREETHA FOR R2 PUBLIC PROSECUTOR SRI.FIROZ K.M. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH,J ----------------------------------------- Crl.MC.NO. 1198 OF 2010 ------------------------------------------ Dated this the 4th day of May, 2010. O R D E R This petition is filed under Section 482 of the Code of Criminal Procedure (for short, “the Code”) to quash Annexure A-2, final report in Crime No.128 /2008 of Adhur Police Station, Kasargod for offences punishable under Sections 323, 498(A) and 403 r/w 34 of the IPC. Petitioner No.1 is husband of respondent No.2, the defacto complainant. Petitioner Nos.2 and 3 are her parents in-law. Petitioner Nos.4 and 5 are her brothers in-law. Respondent No.2 filed a complaint in the Judicial First Class Magistrate Court-I, Kasargod as CMP No.3365/2008 alleging offences as above stated. That complaint was forwarded to the Police for investigation under Section 156(3) of the “Code”. After investigation Police has submitted Annexure A-2, final report alleging commission of offences as above stated. It is stated by Crl.MC.NO. 1198 OF 2010 2 petitioners that they have settled the dispute with respondent No.2 and that petitioner No.1 and respondent No.2 are now living together peacefully. Petitioners therefore, pray that the final report and proceedings against them may be quashed in view of the settlement with respondent No.2. I have heard learned counsel for petitioners and respondent No.2 and the Public Prosecutor appearing for respondent No.1. It is seen from Annexure A-3 that petitioners and respondent No.2 have settled their dispute. Learned counsel for respondent No.2 submits that petitioner No.1 and 2 are now living together as husband and wife. The Supreme Court in Joshi v State of Haryana in 2003(2) KLT 1062 (SC) has upheld the power of this court to invoke Section 482 of the Code to quash the proceeding. Having gone through Annexure A-3, I am satisfied that the compromise is real and that it is Crl.MC.NO. 1198 OF 2010 3 not necessary to continue the proceeding pursuant to Annexure A-2 final report. Resultantly, this petition is allowed and Annexure-A2 final report in Crime No.128 of 2008 and all proceedings taken pursuant thereto are quashed. THOMAS P JOSEPH,JUDGE. pm