IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 77 of 2010()
1. K.P.ABDUL KAREEM, S/O.MUHAMMED,
... Petitioner
2. M.V.ABDUL SALEEM, S/O.ABOOBACKER,
Vs
1. A.T.NOORJEHAN, D/O.ABDULLAKOYA,
... Respondent
2. STATE OF KERALA REP. BY THE
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
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.77 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 all further proceedings in L.P No.70/2007 on the
file of Judicial First Class Magistrate Court -IV, Kozhikode quashed.
2. Petitioners were accused in L.P No.70/2007 on the
file of Judicial First Class Magistrate Court -IV, Kozhikode for
having committed offence punishable under Section 498A, 406
r/w 34 I.P.C. The allegation is that the marriage between the 1st
petitioner and the 1st respondent was on 07/07/1999 and that
after marriage the accused began to torture the defacto
complainant demanding more dowry and ornaments. Petitioner
would say that the allegations are untrue and that they have been
falsely implicated.
3. Whatever that be, it is clear from the proceedings
that the petitioners were not available for trial and therefore the
case shall be transferred to the L.P register. Normally the
petitioners should undergo the trial.
4. However the defacto complainant has filed an
affidavit before this court pointing out that she has no further
W.P.(C).No. OF 2009 Page numbers
grievance in the matter and all disputes between the parties have
been settled amicably she does not want to prosecute the
complaint further.
5. It is true that the offences alleged are under Section
498A, 406 r/w 34 I.P.C. which are not compoundable but one
should notice that since the disputes are settled by parties and
there is no public policy involved, the reliefs can be moulded. In
the light of the affidavit filed by the 1st respondent, the trial of the
case will be a futile exercise and waste of time of the court.
Following the principles laid down in the decisions Madan
Mohan Abbot v. State of Punjab (2008(3) KLT 19 Sessions
Court) and Manoj Sharma v State (2008(4) KLT 417) it is
only proper that further proceedings in the case be quashed.
6. Accordingly this petition is allowed and all further
proceedings in L.P No.70/2007 pending before the Judicial First
Class Magistrate Court -IV, Kozhikode and the charge sheet as
against the petitioners shall stand quashed and all further
proceedings as against them shall stand dropped.
Sd/-
P.BHAVADASAN,
JUDGE
//TRUE COPY//
vdv P.A TO JUDGE