IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3364 of 2009()
1. SHANAVAS C.M., S/O. MOHAMMED SHERIF,
... Petitioner
2. MOHAMMED SHERIF,
3. BANIJAN BEEVI, W/O. MOHAMMED SHERIF,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. RIHANA, D/O. NAZEER,
For Petitioner :SRI.M.C.GOPI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/01/2010
O R D E R
P.BHAVADASAN, J.
---------------------------
Crl.M.C No.3364 OF 2009
--------------------------------
Dated this the 28th day of January 2010
-----------------------------------------------------
ORDER
This is a petition filed under Section 482 Cr.P.C
seeking to have proceedings in Crime No.473/2008 pending
before the Judicial First Class Magistrate Court, Wadakkancherry
quashed.
2. Petitioners are the accused in Crime No.473/2008 of
Wadakkancherry police station for having offences punishable
under Sections 313 and 498(A) r/w 34 of Indian Penal Code. It is
necessary to go into the allegations. It is represented before this
court that the parties have settled all the disputes between them.
The above submission is evidenced by Annexure A2. It is also
confirmed by the learned Government Pleader, the signed
statement is filed by the complainant herself. Though the offence
may not be compoundable, as such reported in view of the
decisions “Madan Mohan Abbot v State of Punjab” (2008(3)
KLT 19 SC) and “Manoj Sharma v State” (2008(4) KLT 417)
though being a private dispute such a petition of the present
nature can be entertained.
3. Therefore, proceedings in Crime No.473/2008
pending before the Judicial First Class Magistrate Court,
Wadakkancherry shall stand quashed.
vdv Sd/- P.BHAVADASAN, JUDGE
