IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Crl.MC.No. 3364 of 2009() -------------------------------------- (CRIME NO.473 OF 2008 WADAKKANCHERRY POLICE STATION) .................... PETITIONER(S): ACCUSED: ------------------------------------------ 1. SHANAVAS C.M., S/O. MOHAMMED SHERIF, CHENOTHUPARAMBIL, THEKKUMKARA DESOM, KALLAMPARA, THALAPPILLY, THRISSUR DISTRICT. 2. MOHAMMED SHERIF, CHENOTHUPARAMBIL, THEKKUMKARA DESOM, KALLAMPARA, THALAPPILLY, THRISSUR DISTRICT. 3. BANIJAN BEEVI, W/O. MOHAMMED SHERIF, CHENOTHUPARAMBIL, THEKKUMKARA DESOM, KALLAMPARA, THALAPPILLY, THRISSUR DISTRICT. BY ADV. MR.M.C.GOPI RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. SUB INSPECTOR OF POLICE, WADAKKANCHERRY, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RIHANA, D/O. NAZEER, LAILA MANZIL, KANNAMBRA VILLAGE, KANNAMBRA DESOM, PALAKKAD DISTRICT. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.3364 OF 2009 -------------------------------- Dated this the 28th day of January 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have proceedings in Crime No.473/2008 pending before the Judicial First Class Magistrate Court, Wadakkancherry quashed. 2. Petitioners are the accused in Crime No.473/2008 of Wadakkancherry police station for having offences punishable under Sections 313 and 498(A) r/w 34 of Indian Penal Code. It is necessary to go into the allegations. It is represented before this court that the parties have settled all the disputes between them. The above submission is evidenced by Annexure A2. It is also confirmed by the learned Government Pleader, the signed statement is filed by the complainant herself. Though the offence may not be compoundable, as such reported in view of the decisions “Madan Mohan Abbot v State of Punjab” (2008(3) KLT 19 SC) and “Manoj Sharma v State” (2008(4) KLT 417) though being a private dispute such a petition of the present nature can be entertained. 3. Therefore, proceedings in Crime No.473/2008 pending before the Judicial First Class Magistrate Court, Wadakkancherry shall stand quashed. vdv Sd/- P.BHAVADASAN, JUDGE