IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 270 of 2010()
1. BOBAN THOMAS, S/O. THOMAS,
... Petitioner
2. THOMAS, S/O. ULAHANNAN,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. TWINKLE GEORGE, W/O. BOBAN THOMAS,
3. STATE OF KERALA, REP. BY
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.HANSON.P.MATHEW
The Hon'ble MR. Justice P.BHAVADASAN
Dated :08/02/2010
O R D E R
P.BHAVADASAN, J.
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Cr. MC No.270 of 2010
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Dated 8th February 2010
Order
In this proceedings under S.482 of the Code of
Criminal Procedure, the petitioner wants to give a quietus
to the proceedings in CC No.173/08, pending before the
JFCM Court-II, Thamarassery.
2. The petitioners are the accused in CC
No.173/08 on the file of the JFCM Court-II, Thamarassery
for having committed the offences punishable under
Ss.406 & 498A r/w 34 IPC. After investigation, the final
report was laid and cognizance was taken by the Court
concerned.
3. It is unnecessary to go into the details of the
case in the light of the manner in which this petition is
proposed to be disposed of.
4. A petition has been filed before this Court by
the defacto complainant pointing out that all issues have
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been settled between the parties and she has no further
grievance in the matter. This Court is also given to
understand that the couple is living together as of now. In
view of the above, the learned counsel for the petitioner
submits that it is only proper that this Court gives a quietus
to the proceedings in the case.
5. True, the offence under S.498A may not be
compoundable. But, the fact remains that the parties have
settled their disputes and the complainant has no further
grievance in the matter. Therefore, no purpose will be
served by continuing the proceedings in the above said
crime. In the light of the decisions in Madan Mohan Abbot
v. State of Punjab (2008(3) KLT 19 SC) and Manoj
Sharma v. State (2008(4) KLT 417), it is only proper that
the proceedings are given a quietus. In the result, this
petition is allowed and the proceedings in CC No.173/08,
pending before the JFCM Court-II, Thamarassery stand
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quashed and all further proceedings shall stand dropped.
P.BHAVADASAN, JUDGE
sta
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