IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Crl.MC.No. 3760 of 2010() ----------------------- CC.477/2009 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE .................. CRIME FIR NO. 89/2007 OF CHEMMANGAD POLICE STATION, KOZHIKODE PENDING AS CC 477/2009 IN JFCM COURT III, KOZHIKODE, CRIME FIR NO. 38/2007 OF CHEMMANGAD POLICE STATION, KOZHIKODE PENDING AS CC 542/2009 IN JFCM COURT I, KOZHIKODE, CRIME FIR NO. 41/2007 OF CHEMMANGAD POLICE STATION, KOZHIKODE PENDING AS CC 513/2007 IN JFCM COURT I, KOZHIKODE. ............................................................................. PETITIONER: ----------------- HASEENA K.V, AGED 22 YEARS, D/O. SIDDIQUE, KAMBITTA VALAPPU, KOTHI ROAD, P.O.KALLAI, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI. MANJERI S. SUNDER RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA-STATION HOUSE OFFICER, CHEMMANGAD POLICE STATION,KOZHIKODE, CRIME NO.89/07 REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIDDIQUE,AGED 30 YEARS, S/O. MAMMADKOYA, VALIYAKAM VEEDU, NAINAM VALAPPU, KOZHIKODE. 3. BICHEEBI,AGED 50 YEARS,W/O.MAMMADKOYA, VALIYAKAM VEEDU,NAINAM VALAPPU,KOZHIKODE. 4. SAFIYA,AGED 25 YEARS,D/O.MAMMADKOYA, VALIYAKAM VEEDU,NAINAM VALAPPU,KOZHIKODE. 5. ANWAR,AGED 30 YEARS,S/O.SIDDIQUE, KAMBITTA VALAPPU,KOTHI ROAD,P.O.KALLAI, NAGARAM AMSOM AND DESOM,KOZHIKODE TALUK. ...2/- Crl.MC.No. 3760 of 2010 -2- 6. HABEEB,AGED 25 YEARS,S/O.SIDDIQUE, KAMBITTA VALAPPU,KOTHI ROAD,P.O.KALLAI, NAGARAM AMSOM AND DESOM,KOZHIKODE TALUK. 7. KOYAMON ALIAS KOYAKKA,AGED 50 YEARS, S/O.KOYA,KAMBITTA VALAPPU,KOTHI ROAD, P.O.KALLAI,NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3760 of 2010 -------------------------- ORDER Petitioner, the defacto complainant in C.C.Nos. 477/2009 and 542/2009 on the file of Judicial First Class Magistrate's Court-III, Kozhikode and C.C.No. 513/2007 on the file of Judicial First Class Magistrate's Court-I, Kozhikode, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings. C.C.No.477/2009 was taken cognizance on Annexure-2 final report for the offences under Sections 498A of Indian Penal Code. C.C.No.542/2009 was taken cognizance on Annexure-4 final report for the offences under Sections 342 and 323 read with Section 34 of Indian Penal Code. C.C.No.513/2007 was taken cognizance on Annexure-6 final report for the offences under Sections 341 and 323 of Indian Penal Code. This petition is filed by the defacto complainant in C.C.No.477/2009 stating that entire disputes with CRMC 3760/10 2 respondents 2 to 7, the accused in the cases, were settled amicably, evidenced by Annexures-7 to 9 joint petitions. It is submitted that consequent to the settlement, she has no subsisting grievance against the accused and therefore, all the cases are to be quashed. 2. Learned Public Prosecutor was heard. 3. C.C.No.477/2009 was taken cognizance for the offence under Section 498A of Indian Penal Code on the allegation that petitioner was treated with cruelty by her husband and in-laws. Affidavit filed by the petitioner/defacto complainant establishes that entire matrimonial disputes were settled amicably. As held by the Apex Court in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes were settled, it is not in the interest of justice to continue the prosecution. C.C.Nos.513/2007 and 542/2009 were taken cognizance for the offences under Sections 341 and 323 read with Section 34 of Indian Penal Code. Petitioner is CRMC 3760/10 3 not the person to whom hurt was caused after wrongful restrainment. Hence, petitioner is not entitled to get those cases quashed. In any case, all the offences are compoundable under Section 320 of Code of Criminal Procedure. When the offences are compoundable, it is not for this Court to exercise the extraordinary jurisdiction to quash the proceedings. It is for the respective parties to approach the learned Magistrate for compounding the offences. In such circumstances, petition is allowed in part. C.C.No.477/2009 on the file of Judicial First Class Magistrate's Court-III, Kozhikode is quashed. 13th September, 2010 (M.Sasidharan Nambiar, Judge) tkv