IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Crl.MC.No. 396 of 2009() ------------------------ CRIME NO.1493/09 OF THE ANGAMALY POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. BENNY K.THOMAS,AGED 33,S/O.THOMAS, KAIPARAMBAT,MUKKANNUR.P.O,ANGAMALI. 2. THOMAS, AGED 62, KAIPARAMBAT, MUKKANNUR.P.O,ANGAMALI. 3. MARY THOMAS, AGED 56, W/O.THOMAS, DO. DO. BY ADV. SRI.NAVEEN.T RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. NUBY BENNY, KAIPARAMBAT, MUKKANNUR.P.O, ANGAMALI. ADV. SRI.P.R.SREEJITH FOR R2 PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 396 of 2009 ------------------------------------------------- Dated this the 3rd day of February, 2009 ORDER The petitioners face allegations in a crime registered alleging the offence punishable under Sec.498A read with Sec.34 IPC. That crime has been registered on the basis of a private complaint filed by the 2nd respondent herein before the learned Magistrate which was forwarded by the learned Magistrate to the police under Sec.156(3) Cr.P.C. Investigation is in progress. Final report has not been filed yet. The 1st petitioner is the husband of the de facto complainant/2nd respondent herein and petitioners 2 and 3 are the parents of the 1st petitioner. 2. The petitioners and the 2nd respondent have now come before this Court to apprise this Court of the fact that all outstanding disputes between them have been settled and the Crl.M.C. No. 396 of 2009 -: 2 :- 2nd respondent has compounded the offence allegedly committed by the petitioners. The spouses have resumed harmonious cohabitation and, in these circumstances, the 2nd respondent does not want to continue the proceedings against the petitioners. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms that the matter has been settled between the parties. The State has no objection against the quashing of the crime registered against the petitioners, submits the learned Public Prosecutor. The 2nd respondent has entered appearance through counsel. An affidavit has been filed by the 2nd respondent to confirm such settlement/ composition. 4. I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring to premature termination the crime registered against the petitioners and all proceedings taken in pursuance of the said crime. 5. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.1493/08 registered at the Angamaly Police Crl.M.C. No. 396 of 2009 -: 3 :- Station wherein petitioners 1 to 3 are the accused and the 2nd respondent is the de facto complainant is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge