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Kerala High Court
Shanavas C.M. vs Sub Inspector Of Police on 28 January, 2010
       

  

  

 
 
  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


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