IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Crl.MC.No. 1424 of 2011() ------------------------- (CRIME NO.90/2011 OF CHITTAR POLICE STATION) PETITIONER(S): ACCUSED. ----------------------- ABDUL LATHEEF @ MAJEED, AGED 36 YEARS, RESIDING AT MAJEEDA MANZIL, NO.86, CHITTAR SEETHAT CHITTAR SEETHATHODE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): COMPLAINANT/DE-FACTO COMPLAINANT & STATE. ------------------------------------------------------ 1. RAMLA, AGED 31, W/O.ABDUL LATHEEF @ MAJEED, RESIDING AT MAJEEDA MANZIL, NO. 86, CHITTAR SEETHATHODE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT,PIN-689 669. 2. THE SUB INSPECTOR, CHITTAR POLIC STATION, PIN - 689 669. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.JOHNY K.GEORGE FOR R1 P.P. SRI. JAIBI PAUL FOR R2 & R3. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. Q. BARKATH ALI, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Crl.M.C. No. 1424 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 23rd day of May, 2011 O R D E R This is a petition filed by the accused in Crime No.90/2011 of Chittar Police Station under section 482 Cr.P.C. to quash all further proceedings in pursuance of the above case. 2. First respondent/de facto complainant is the wife of the petitioner. On her complaint, the Chittar Police registered the above case against him under sections 498A, 325 and 307 IPC. Annexure-1 is the copy of the said F.I.R. It is alleged in the petition that now the petitioner had settled the matter with the first respondent and a Notary attested affidavit of the first respondent is produced as Annexure-2. As the matter has been settled between the petitioner and the first respondent, the petitioner prays for quashing all further proceedings in pursuance of Annexure-1 F.I.R. 3. Heard counsel for the petitioner and Public CRMC 1424/2011 2 Prosecutor. Adv. Sri. Johny K. George appears for the respondent/de facto complainant. He has also submitted that the matter has been settled between the parties. 4. Offences alleged against the petitioner are under sections 498A, 325 and 307 IPC, which are non- compoundable. The Apex Court has held in B.S. Joshi V. State of Haryana (2003(2) KLT 1062 (SC)) and also in Madan Mohan Abbot V. State of Punjab (2008 (3) KLT 19 (SC)) that though the offences alleged against the petitioner were non-compoundable and if the parties had settled the matter and it was not in the interest of justice to continue the prosecution, the entire proceedings can be quashed, exercising the powers under section 482 of Cr.P.C. In the present case the petitioner has settled the matter with the first respondent/de facto complainant. Therefore no useful purpose will be served in keeping the case pending. Further the dispute was purely a personal one between the petitioner and the first respondent. Therefore, in the light of the principles laid down in the above decisions and in the CRMC 1424/2011 3 light of Annexure-2 affidavit filed by the first respondent and for the reasons stated above, I feel that the entire proceedings in Annexure-1 F.I.R. can be quashed. 5. In the result, this petition is allowed. All further proceedings in pursuance of Crime No. 90/2011 of Chittar Police Station are hereby quashed. P.Q.BARKATH ALI, JUDGE . mn.