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Lenin vs Sini on 11 February, 2010

Kerala High Court
Lenin vs Sini on 11 February, 2010
       

  

  

 
 
  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.
                   ---------------------------------
                  Crl.M.C.No.3598 OF 2009
                   ----------------------------------
          Dated this the 11th day of February, 2010

                             O R D E R

~~~~~~~

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

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