IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Crl.MC.No. 4193 of 2008() ------------------------- CC.84/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- 1. P.ANVAR, S/O.KADAR, HONEY NIVAS, SANKARANKANDIPARAMB, MATTHOTTAM P.O.ARAKKINAR, KOZHIKODE DT. 2. ASKAR P., S/O.KADAR, HONEY NIVAS, SANKARANKANDIPARAMB, MATTHOTTAM P.O.ARAKKINAR, KOZHIKODE DT. 3. MUMTHAZ.P, D/O.KADAR, HONEY NIVAS, SANKARANKANDIPARAMB, MATTHOTTAM P.O.ARAKKINAR, KOZHIKODE DT. 4. SHAHANAS.P., D/O.KADAR, HONEY NIVAS SANKARANKANDIPARAMB, MATTHOTTAM P.O.ARAKKINAR, KOZHIKODE DT. 5. HAVVAUMMA.P. W/O.KADAR, HONEY NIVAS, SANKARANKANDIPARAMB, MATTHOTTAM P.O.ARAKKINAR, KOZHIKODE DT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------ 1. REENA, D/O.ALIKOYA, VALIYA PARAMBA FLAT, P.O.ARAKKINAR, KOZHIKODE DT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.K.NIJOY FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4193 of 2008 ---------------------------------------- Dated this the 5th day of November 2008 O R D E R Petitioners face indictment in a prosecution for the offence punishable under Section 498A read with 34 I.P.C. First petitioner is the husband of the de facto complainant/wife who has been arrayed as the first respondent herein. The other petitioners are the relatives of the first petitioner. Cognizance has been taken on the basis of a final report submitted by the police after due investigation in a crime. The crime in turn has been registered on the basis of a private complaint filed by the first respondent/de facto complainant before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Trial has not commenced. 2. At this juncture, the petitioners along with the first respondent through their respective counsel have come before this court to apprise the court of the fact that the disputes between them have been settled. The marriage has been dissolved and there is harmonious settlement of all outstanding disputes. The first respondent has compounded the offences allegedly committed by all the petitioners/accused. In these circumstances, the petitioners and the first respondent pray that composition may be accepted and premature termination of the prosecution may be effected invoking Crl.M.C.No.4193/08 2 the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]. 3. A joint application for composition has been filed and the learned counsel for the first respondent vouches for the signature of the first respondent/ de facto complainant in the application for composition. I am satisfied that this is an eminently fit case where powers under Section 482 Cr.P.C, as explained in the dictum in B.S.Joshi (Supra) can and ought to be invoked and proceedings initiated against the petitioners by the first respondent brought to premature termination. 4. In the result, a) This Crl.M.C is allowed. b) C.C No.84/07 pending before the learned J.F.C.M-V, Kozhikode in which the petitioners are the accused and the first respondent is the de facto complainant is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4193/08 3 Crl.M.C.No.4193/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008