IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 3258 of 2010() ------------------------- LP.41/2004 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER(S): ACCUSED: ----------------------------------------- NISAR,S/O.ABDUL RAHIMAN,PUNATHIL HOUSE, NANMANDA AMSOM DESOM,KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT/DE-FACTO COMPLAINANT: ------------------------------------------------------------------------------------------- 1. STATE OF KERALA REPD.BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. MADHAVAN,S/O.ETHYADHI,ALULLA PARAMBIL, P.O.PANANGAD,KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU R2 BY ADV. SRI.RAJAN KUDUMBATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3258 of 2010 = = = = = = = = = = = = = = Dated: 10.08.2010 ORDER Heard both sides. 2. Petitioner, who is the sole accused in Crime No.255/2002 of Kasaba Police Station, Kozhikode for an offence punishable under Section 420 IPC and presently pending before the Chief Judicial Magistrate, Kozhikode as L.P.No.41/2004, seeks to quash the proceedings on the ground that the matter has been settled between the de facto complainant and himself as evidenced by Annexure 2 affidavit filed by the de facto complainant. The said affidavit can be treated as a composition of the offence which is compoundable. The composition is accepted and the petitioner will be discharged of the aforesaid offence. L.P. No.41/2004 on the file of the Chief Judicial Magistrate , Kozhikode shall stand quashed. This Crl.M.C is disposed of reserving the above right of the petitioner. V. RAMKUMAR, JUDGE sj