IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 325 of 2010()
1. RAJESH T.R.S/O.RADAKRISHNAN, AGED 32
... Petitioner
2. RADHAKRISHNAN NAIR T.V., S/O.VELAYUDHAN
3. SHYAMALA M.C.W/O.RADHAKRISHNAN NAIR.T.V.
4. DHANYA SUJAY, W/O.SUJAY MENON, AGED 27
Vs
1. STATE OF KERALA (THE SUB INSPECTOR OF
... Respondent
2. SMT.SANGEETHA JYOTHI, W/O.T.R.RAJESH,
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :SRI.R.PREMCHAND
The Hon'ble MR. Justice P.BHAVADASAN
Dated :01/02/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C No.325 OF 2010
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Dated this the 1st day of February 2010
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ORDER
This is a petition filed under Section 482 Cr.P.C
seeking to have Annexure A II charge Sheet and all further
proceedings in C.C No.1285/2009 pending before the Judicial First
Class Magistrate Court – I, Ernakulam quashed.
2. Petitioners are the accused in Crime No.832/2009 of
Ernakulam Town North Police Station for having offences
punishable under Sections 498(A), 120(B) and 34 IPC. After
investigation, final report was filed. Cognizance was taken by the
court as per C.C No.1285/2009. It is unnecessary to go into the
details of the case for a simple reason that this petition can be
disposed of in a very short term.
3. It is pointed out that the parties have settled the
dispute between them. They therefore pray that a queitus may
be given to the matter.
4. It is true that the offences are under Sections 498
(A), 120(B) and 34 of IPC are not compoundable but one should
notice that since the disputes are settled by parties and there is
Crl.M.C No.325 OF 2010 Page numbers
no public policy involved, the reliefs can be moulded. In the light
of the decision reported in Madan Mohan Abbot v. State of
Punjab (2008(3) KLT 19 Sessions Court ) and Manoj
Sharma v State (2008(4) KLT 417) there is no reason as to
why the prayers should not be accepted.
5. In the result the petition is allowed and all further
proceedings in C.C No.1285/2009 pending before the Judicial
First Class Magistrate Court – I, Ernakulam shall stand quashed.
Sd/-
P.BHAVADASAN,
JUDGE
//TRUE COPY//
P.A TO JUDGE
vdv