IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 1416 of 2009() 1. ABDUL NAZAR, S/O. ABU, UDAYAMANGALA ... Petitioner 2. FATHIMA,S/O. ABU,UDAYAMANGALA PARAMBU, Vs 1. SUB INSPECTOR OF POLICE, NALLALAM ... Respondent 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR 3. RESEENA,D/O.HASSAN, KODASERRY PARAMBU, For Petitioner :SMT.K.A.ANGEL TREENA For Respondent : No Appearance The Hon'ble MR. Justice S.S.SATHEESACHANDRAN Dated :28/04/2009 O R D E R S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1416 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R
Petition is filed under Section 482 of the Cr.P.C.
Petitioners are the accused in C.C.No.263/2004 on the file of
the Judicial First Class Magistrate Court-V, Kozhikode,
wherein both of them stand indicted for offences punishable
under Sections 406, 498 (A) read with Section 34 of the IPC
on a charge laid by the S.I. of Police, Nallalam Police Station.
Crime in respect of the above case was registered on the basis
of a complaint given by the 3rd respondent, wife of the 1st
petitioner before the Court, and it was referred to the police
under Section 156 (3) of the Cr.P.C. Petitioners now seek
quashing of the criminal proceedings in the above case
pending before the Magistrate court, submitting that they
have entered into a composition of the offences with the
defacto complainant, 3rd respondent.
2. I heard the learned counsel for the petitioners and
also the learned Public Prosecutor. A photocopy of the
agreement purported to have been entered into by the
3rd respondent, defacto complainant with the 1st petitioner,
her husband, settling the disputes between them, wherein, she
is stated to have undertaken to file joint petition for
withdrawal of the criminal case pending before the Magistrate
Court, is relied by the counsel for the petitioners for
termination of the criminal case pending before the
Magistrate against the petitioners. The apex court has held
that in matrimonial offences, if the parties have settled the
disputes, the High Court can exercise its inherent powers to
quash the criminal proceedings, is the case of the counsel for
the petitioners to submit that once the parties have settled the
disputes, this Court is bound to recognize it and terminate the
criminal proceedings pending before the court. I am not
impressed by the submissions of the counsel. This court
cannot have an enquiry as to the genuineness of the
compromise purported to have been entered by the parties.
Further more, the accused in the police charge sheet case,
have no right to insist for acceptance of the composition
entered with the defacto complainant especially where one of
the offences is found to be non compoundable. It is open to
the petitioners to approach the Magistrate, where the case is
pending, to seek appropriate orders on the basis of the
composition stated to have been made by the parties. I do not
find that this is a fit case, where the exercise of the inherent
powers of the High Court is called for.
Criminal M.C. is dismissed.
CRL.R.P.NO. OF 2006 ()
O R D E R
23rd March, 2009