IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2879 of 2008() ------------------------- CC.32/2005 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE (CRIME NO. 151/04 OF FEROKE POLICE STATION) .................... PETITIONER/ACCUSED: ------------------- ANILKUMAR, S/O. NARAYANAN, 38/04 PERUVADATH HOUSE, 'KARTHIKA', B G ROAD, WEST HILL, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT: ------------- 1. BINU, D/O. APPUTTY, PERICHERY HOUSE, MANNOR PO., KOZHIKODE. 2. STATE OF KERALA, REP. Y PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PP - SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2879 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2008 O R D E R The petitioner is the husband of the defacto complainant, who is arrayed as the first respondent. He faces indictment in a prosecution for offences punishable, inter alia, under Section 498A I.P.C. The co-accused have already faced the trial and have been found not guilty and acquitted. The petitioner, along with the first respondent, has now come before this court to report that the matter has been settled between the parties and the first respondent has compounded the offences allegedly committed by the petitioner/accused. The parties have decided to put an end to the matrimonial tie and in these circumstances it is prayed that the powers under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) and Madan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) may be invoked to quash the surviving prosecution against the petitioner. Crl.M.C.No. 2879 of 2008 2 2. The respondent has entered appearance. An affidavit has been filed by her. The same has been duly attested by counsel. The counsel for the petitioner as well as the counsel for the respondent assert that the matter has been settled between the parties. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshi and Madan Mohan Abbot (supra) can safely be invoked to bring to premature termination the surviving prosecution against the petitioner. 3. This Crl.M.C. is accordingly allowed. C.C.No. 32 of 2005 against the petitioner pending before the JFMC - V, Kozhikode is hereby quashed. (R. BASANT) Judge tm