IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Crl.MC.No. 822 of 2009() ------------------------ CC.1198/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER(S)/ACCUSED NO.2: --------------- MUHAMMAD SHEREEF S/O.HAMEED HUSSAIN, SHAJU MANSILIL, NEAR EDATHARA, PATHIRIKKAL MURI, PATHANAPURAM VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S)/COMPLAINANTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. BISMI, D/O.A. MOHAMMED MUSTAFA BINITHA MANZIL, KILIMANOOR. 3. MOHAMMED MUSTAFA BINITHA MANZIL, KILIMANOOR THIRUVANANTHAPURAM DIST. ADV. SRI.MANOJ RAMASWAMY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 822 OF 2009 --------------------------------- Dated this the 27th day of February, 2009 O R D E R This petition is filed with a prayer to quash all further proceedings in C.C. 1198/2008 pending before the Judicial First Class Magistrate Court-III, Punalur. The petitioner is the 2nd accused in this case and the case against the other accused had ended in aquittal under Section 248(1) of the Crl.P.C. The matter has been compounded between the defacto complainant, her father and the 2nd accused. It is submitted that they have no objection in quashing the further proceedings. I had ascertained from the learned counsel appearing for the petitioner about the correctness of the same and I am convinced about the same. Applying the dictum laid down in B.S. Joshi & others v. State of Haryana & another [2003 (4) SCC 675], I find that circumstances exist in a case of this nature to invoke the inherent power to quash the proceedings so as not to spoil the life of the persons involved in the case. Crl.M.C. 822/2009 -2- Therefore the Crl.M.C is allowed and all further proceedings in C.C. 1198/2008 pending before the Judicial First Class Magistrate Court-III, Punalur is quashed. M.N. KRISHNAN,JUDGE vkm