IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 194 of 2009()
1. KALIVALAPPIL ABDULLA, P.O. BOX NO.33873,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY INSPECTOR
... Respondent
2. CHATHANKUTTY, S/O.NADIKUTTY, AGED 44
For Petitioner :SRI.R.SUDHISH
For Respondent :SRI.VINOD SIGH CHERIYAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/03/2009
O R D E R
M.N.KRISHNAN, J.
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CRL.M.C.NO.194 OF 2009 (B)
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Dated this the 12th day of March, 2009
O R D E R
This petition is filed to quash the proceedings in
C.P.No.32/2008 on the file of the Judicial First Class
Magistrate Court II, Thamarassery. Though initially the
accused were alleged to have committed the offence under
Sections 452, 294(b), 324, 307, 506 (ii) read with 34 of the
Indian Penal Code and 3(x) of the SC/ST (PA) Act, the police
has admitted the charge after investigation only under
Sections 294(b), 324, 506 (ii) read with Section 34 of the IPC
and Section 3(x) of the SC/ST (PA) Act, 1989. This Court
directed the defacto complainant to be present and the
defacto complainant had stated before the Court that the
matter has been settled. That has been recorded on 9.2.2009.
It is submitted that the parties have sorted out the differences
and they have settled the matter out of court. There was
another case, S.C.No.1256/2006 and the accused has been
CRL.M.C.194/09 2
acquitted by the Sessions Court. It is categorically asserted
that there is no grievance for the defacto complainant against
the accused. Even the parties are prepared to forgo and
forgive the acts complained of and they wanted to live in a
harmonious atmosphere. So, taking into consideration all
these facts and applying the dictum laid done in Nikhil
Merchant v. Central Bureau of Investigation (2008 (3)
KLT 769 (SC)) and Joshi v. State of Haryana (2003 (2)
KLT 1062 (SC)), it can be seen that the cause of action is
something personal and it has been amicably settled out of
court. So, applying the said principle, I am inclined to put an
end to the litigation. Therefore, invoking the powers under
Section 482, I quash all further proceedings in
C.P.No.32/2008 pending before the JFCM II, Thamarassery.
Accordingly this Criminal M.C. is allowed.
M.N.KRISHNAN
JUDGE
prp
CRL.M.C.194/09 3
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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6th November, 2008