IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Crl.MC.No. 2296 of 2008() ------------------------- CMP.1731/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONERS/ACCUSED --------------------------------- 1. GIRISH.R, AGED 34 YEARS, S/O.K.C.RAMACHANDRAN, GIRI NIVAS, DESABHIMANI ROAD, KALOOR, KOCHI-17. 2. GIRIJA RAMACHANDRAN, AGED 66 YEARS, W/O.K.C.RAMACHANDRAN, GIRI NIVAS, DESABHIMANI ROAD, KALOOR, KOCHI-17. 3. K.C.RAMACHANDRAN, AGED 70 YEARS, GIRI NIVAS, DESABHIMANI ROAD, KALOOR, KOCHI-17. BY ADV. SRI.A.T.ANILKUMAR RESPONDENTS/DEFACTO COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM. 2. GIMA.V.G., AGED 26 YEARS, SARADHA NIVAS, VADAKKOM PARAMBIL, MULAVUKADU.P.O., ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. ADV. SRI.C.P.SAJI - R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2296 of 2008 ------------------------------------------------- Dated this the 19th day of June, 2008 ORDER The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sec.498A of the IPC. The crime has been registered on the basis of a private complaint filed by the complainant before the learned Magistrate and referred to the police by the learned Magistrate under Sec.156(3) of the Cr.P.C. Investigation is in progress. The complaint has been filed by the 2nd respondent – wife, against the 1st petitioner – her husband, as also petitioners 2 and 3 who are the parents of the 1st petitioner. 2. The petitioners as well as the 2nd respondent have now come before this Court, at this juncture, before the final report is filed, with a prayer that all further proceedings initiated in pursuance of the complaint filed in the FIR registered, may be Crl.M.C. No. 2296 of 2008 -: 2 :- quashed inasmuch as the parties have willingly and voluntarily settled all their disputes. An affidavit of the 2nd respondent is being filed, submits the learned counsel for the 2nd respondent. The learned counsel for the 2nd respondent confirms that the matter has been settled between the parties voluntarily and genuinely and the 2nd respondent has compounded the offence allegedly committed by the petitioners. 3. I am satisfied, in these circumstances, that parties have willingly and voluntarily settled their disputes. If legally permissible and possible, the composition can be accepted and the premature termination of the proceedings can be brought about, I am satisfied. 4. The offence under Sec.498A of the IPC is not compoundable. But the learned counsel for the parties, in these circumstances, rightly rely on the decisions of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). I am satisfied that, relying on these decisions, powers under Sec.482 of the Cr.P.C. can be invoked in the facts and circumstances of the instant case where such invocation is found to be imminently justified. Crl.M.C. No. 2296 of 2008 -: 3 :- 5. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.428/07 of the Ernakulam Town North Police Station and all further steps taken in pursuance of such crime are hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge