IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.MC.No. 4519 of 2008() ------------------------- CRIME NO. 306/2005 OF KALAMASSERY POLICE STATION CC.356/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONERS: ACCUSED ---------------------- 1. K.M.FEROZ, AGED 34 YEARS,S/O. LATE MOHAMMED ABDUL RAHAMAN,KOOTIMAKKAL HOUSE, 50/262-HI, IV B ROAD, PRASANTHI NAGAR, EDAPPALLY. 2. RAZIA MUHAMMED, AGED 57 YEARS, W/O. LATE MOHAMMED ABDUL RAHAMAN, KOOTIMAKKAL HOUSE, 50/261 HI,IV B ROAD, PRASANTHI NAGAR, EDAPPALLY. 3. SHAILA, W/O.KUNJUMON, AGED 38 YEARS CHALLUMKAL HOUSE,H.M.T.COLONY P.O. KALAMASSERY. 4. K.H.KUNJUMON, AGED 43 YEARS, RESIDING AT CHALLUMKAL HOUSE, H.M.T.COLONY P.O. KALAMASSERY. 5. RAZNA,W/O.SUMAN @ SHANAVAZ AGED 31 YEARS RESIDING AT KUTTIKAKKAN HOUSE, KUTTIKKATTUKARA P.O., UDYOGAMANDAL ELOOR. BY ADV. SRI.C.D.JOHNY SRI.C.ARUN PRASANTH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY SUB- INSPECTOR OF POLICE, KALAMASSERY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. K.U.SHEEBA, AGED 31 YEARS, D/O.UMMARKUTTY, KOTTAKAKKATTU HOUSE, THAIKKATTUKARA, ALUVA. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR ADV. SRI.K.S.MOHAMED HASHIM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4519 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 498A I.P.C. The second respondent herein is the defacto complainant. The first petitioner is her husband and petitioners 2 to 5 are relatives of the first petitioner. Investigation is complete. Final report has already been filed. Cognizance has been taken. Calender case has been registered. 2. At this juncture, the petitioners and the second respondent have come before this Court to apprise this court of the fact that the parties have settled all their outstanding disputes and the second respondent has compounded the offences allegedly committed by the petitioners. The spouses have decided to put an end to their matrimonial relationship. 3. The second respondent has entered appearance through counsel. In these circumstances it is prayed that notwithstanding Crl.M.C.No. 4519 of 2008 2 the fact that the offence is not compoundable, powers under Section 482 Cr.P.C. may be invoked to bring to premature termination this prosecution, which has now become irrelevant and totally unnecessary. The counsel rely on the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) in support of their prayer. 4. Notice was given to the learned Prosecutor, who does not oppose the application. 2. I am satisfied that this is an eminently fit case where the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in the decision referred above, can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. The spouses have agreed to dissolve the matrimonial tie, it is submitted. 4. In the result: a) This Crl.M.C. is hence allowed. b) C.C. No. 356 of 2006, pending before the Judicial First Class Magistrate-II, Alwaye in which the petitioners are the accused and the second respondent is the defacto complainant, is hereby quashed. Crl.M.C.No. 4519 of 2008 3 c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioners and the sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm