IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 CRL.MC.NO. 5075 OF 2010() ---------------------------------------- CC.596/2009 OF CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): DEFACTO COMPLAINANT -------------------------------------------------------------- ZAINABA, AGED 34 YEARS, D/O. MOHAMMADKUNHI, R/AT BAIDALA, MANGALPADY VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.SHIRAZ ABDULLA RESPONDENT(S): ACCUSED 1 TO 9 ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION-671321. 3. ABBAS, AGED 37 YEARS, S/O. VENKADAL ANDUNHI, R/AT BADRIYA BATRUMBADI HOUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT-671321. 4. VENDAKAL ANDUNHI, AGED 75 YEARS, R/AT BADRIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT-671321. 5. MUHAMMED, AGED 39 YEARS, R/AT BADRIYA NAGAR, BATRUMBADI HUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT -671321. 6. AUKU @ ABUBACKER, AGED 31 YEARS, R/AT BADRIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT -671321. 7. PATHUMMA @ BEEFATHIMMA, AGED 29 YEARS, W/O. ABDUL RAHIMAN, MULLADUKAM, POST:KODIAMME, KUMBLA, KASARAGOD TALUK AND DISTRICT-671321. 8. SUHARA, AGED 23 YEARS, R/AT BADRIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT -671321. 9. JAMEELA, AGED 21 YEARS, R/AT BADRIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT -671321. 10. KUBARA, AGED 20 YEARS, R/AT BADRIYA NAGAR, BATRUMBADI HOUSE, KOIPADY VILLAGE, POST KUMBLA,KASARAGOD TALUK AND DISTRICT -671321. 11.SUBAIDA, AGED 27 YEARS, W/O.LATE KUNHALI, MULIADKAM, KUMBLA, POST : KODIAMMA, KASARAGOD TALUK AND DISTRICT-671321. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMED ANZARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.5075 of 2010 ==================================== Dated this the 03rd day of January, 2011 O R D E R This petition under Section 482 of the Code of Criminal Procedure is filed by the de facto complainant in C.C. No.596 of 2009 of the court of learned Chief Judicial Magistrate, Kasargod. Case was registered against respondent Nos.3 to 11 for offences punishable under Section 498A of the Indian Penal Code. Police after investigation submitted final report alleging the said offence against respondent Nos.3 to 11. Petitioner-de facto complainant states that the dispute is settled between the parties and accordingly herself and respondent No.3, her husband have remarried and settled in life. Parties have entered into a settlement and filed Annexure-B compounding petition. In the circumstances it is prayed that further proceedings in the case may be dropped. I have heard learned counsel for petitioner, respondent Nos.3 to 11 and the learned Public Prosecutor. 2. It is seen that the dispute is settled between the parties as revealed by Annexure-B, compounding petition to which petitioner and respondent Nos.3 to 11 are parties. It is stated in CRL.M.C. No.5075 of 2010 -: 2 :- the compounding petition that pursuant to the settlement petitioner and respondent No.3 have remarried. In the circumstances continuance of proceedings will be a wasteful exercise. To maintain harmonious relationship between the parties, it is necessary to drop all further proceedings in the matter. Hence I am inclined to allow this petition. Resultantly this Criminal Miscellaneous Case is allowed. Annexure-A final report in Crime No.247 of 2009 of Kumbla Police Station, cognizance taken by the learned Chief Judicial Magistrate, Kasargod pursuant to the said final report and all the proceedings in C.C. No.596 of 2009 of that court are quashed. THOMAS P. JOSEPH, JUDGE. vsv