IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 401 of 2010()
1. P.M.MIRRIF, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERLA, REP. BY PUBLIC
... Respondent
2. SAJITHA, D/O. ALI KUNJU, KURUMBALAKKATTU
For Petitioner :SRI.K.K.DHEERENDRAKRISHNAN
For Respondent :SRI.S.RAJEEV
The Hon'ble MR. Justice P.BHAVADASAN
Dated :11/02/2010
O R D E R
P.BHAVADASAN, J.
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Cr. MC No.401 of 2010-E
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Dated 11th February 2010
Order
This is a petition filed under S.482 of the Code
of Criminal Procedure, seeking to have the proceedings in
Crime No.1446/09 of Muvattupuzha Police Station,
pending before the JFCM Court, Muvattupuzha, quashed
and all further proceedings dropped.
2. The petitioner is the sole accused in the
above said crime. The marriage between the petitioner and
the defacto complainant was solemnized on 16.08.1992.
Eversince then, they had been living in the matrimonial
house. On 11.08.2009, the second respondent laid a
complaint before the Muvattupuzha Police Station, alleging
acts of cruelty from the part of the petitioner, based on
which, Crime No.1446/09 was registered for the offence
punishable under S.498A IPC.
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3. It is unnecessary to go into the details of the
case for the simple reason that this petition can be
disposed of on a very short ground. The petitioner as well
as the second respondent/defacto complainant have filed a
petition before this Court, pointing out that they have
settled the disputes and differences between them and
they are living together now. The learned counsel for the
second respondent/defacto complainant submitted that the
complainant has no further grievance in the matter and that
she has no objection in dropping further proceedings.
4. 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
CRMC 401/10 3
the proceedings are given a quietus. In the result, this
petition is allowed and the proceedings in Crime
No.1446/09 of Muvattupuzha Police Station, pending
before the JFCM Court, Muvattupuzha stand quashed
and all further proceedings shall stand dropped.
P.BHAVADASAN, JUDGE
sta
CRMC 401/10 4