IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Crl.MC.No. 200 of 2010() --------------------------------- AGAINST THE ORDER IN LP.22/2008 IN CP.47/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II, PERAMBRA ..................................................... PETITIONER(S): ACCUSED ------------------------------------ ASHRAF, S/O.KUNHABDULLA, MALAYIL MEETHAL HOUSE, CHAKKITTAPPARA AMSOM, PONMALAPARA, KOYILANDI TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.V.N.RAMESAN NAMBISAN SRI.K.RASHEED RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIVYA, D/O.KUMARAN, VALIYAPARAMBIL HOUSE, CHAKKITTAPPARA AMSOM, PILLA PERUANNA DESOM, PERUVANNAMOZHI P.O., KOZHIKODE DISTRICT. BY ADVS. SRI.G.SANTHOSH KUMAR (P) FOR R2 SRI.S.U.NAZAR, PUBLIC PROSECUTOR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ami P.BHAVADASAN, J. --------------------------- Crl.M.C No.200 OF 2010 -------------------------------- Dated this the 8th day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have criminal proceedings in L.P No.22/2008 pending before the Judicial First Class Magistrate Court-II, Perambra quashed and all further proceedings stopped. 2. Petitioner is the sole accused in Crime No.84/2006 of Peruvanamozhi Police Station for having committed offences punishable under Sections 376 IPC r/w Section 3(1)(XI) and 3(2)(V) of the SC/ST Prevention of Atrocities Act, 1989. It is unnecessary to go into the details of the case for the simple reason that the petition is being disposed of on a short ground. After investigation, final report was filed before the Judicial First Class Magistrate Court-II, Perambra. The court took the case on file as C.P No.47/2007. Since the accused was not available in spite of issue of warrant, the case was transferred to L.P register and numbered as L.P No.22/2008. 3. Before this court the defacto-complainant as well as the petitioner pointed out that the complainant and the accused Crl.M.C No.200 OF 2010 Page numbers settled all their disputes and differences and no further grievance remains with the complainant. It is pointed out that the marriage of the complainant is fixed and she would not like to continue with the case. 4. One has to notice that both the offences are not compoundable. But matter relates to personal affair of the defacto complainant and one may refer to the decisions “Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19 Sessions Court ) and Manoj Sharma v State(2008(4) KLT 417). In such, the court will be justified in accepting the settlement though it has no sanction of law. In the result, this petition is allowed and all further proceedings in L.P No.22/2008 of Judicial First Class Magistrate Court-II, Perambra shall stand quashed. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv