IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3598 of 2009()
1. LENIN, AGED 37 YEARS, S/O. KRISHNAN,
... Petitioner
Vs
1. SINI, AGED 26, D/O. VASUDEVAN,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.M.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :11/02/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C.No.3598 OF 2009
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Dated this the 11th day of February, 2010
O R D E R
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Pointing out that there is a compromise between the
parties, the petitioner seeks to have all further proceeding in
C.C.No.403/2009 quashed in a petition filed under Section 482
of the Code of Criminal Procedure.
2. The petitioner married the 1st respondent on
30.5.2004. Various averments are made in the complaints
which finds a place in the final report also. On the filing of the
final report, cognizance of offences were taken by the Court
concerned. The offences shown were under Sections 406, 420,
498A read with Section 34 of the Indian Penal Code.
3. It is unnecessary to go into the details of the case
because this petition can be disposed of on a very short point.
Crl.M.C.No.3598/2009 2
4. A petition has been filed before this Court pointing
out that the parties have settled their differences and no further
dispute exists between the parties. One has to notice that even if
there where any differences of opinion between a couple, if they
have decided to bury the differences of opinion and decided to
live a peaceful life, that is only to be encouraged.
5. True, offence under Section 498A is not
compoundable but considering the fact that the matter is
personal to both the parties, it is only just and proper that the
issue be given a quietus.
6. 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), appropriate relief be granted to the
petitioner.
In the result, this petition is allowed and all further
proceedings in C.C.No.403/2009 pending before the Judicial
First Class Magistrate Court, Kunnamkulam, arising out of Crime
Crl.M.C.No.3598/2009 3
No.523/2005 of Peramangalam Police Station shall stand
quashed and all further proceedings shall stand dropped.
(P.BHAVADASAN, JUDGE)
ps