IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.MC.No. 4486 of 2008() ------------------------- CC.254/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL CRIME NO.531/04 OF KAZHAKUTTOM POLICE STATION .................... PETITIONER(S):ACCUSED --------------- VINOD KUMAR, S/O.SUNDARESAN, KARIYIL VILLAGE, KAZHAKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): STATE AND DEFACTO COMPLAINANT --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ANITHA, D/O.GIRIJA, SUNIL BHAVAN, NEAR NEHRU JUNCTION, ATTIPRA VILLAGE, KAZHAKUTTOM, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.R.GOPAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4486 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 498A I.P.C. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. The second respondent herein is the defacto complainant, the wife of the petitioner. Cognizance has been taken by the learned Magistrate, but trial has not commenced yet. 2. At this juncture, the petitioner 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 petitioner. 3. The second respondent has entered appearance through counsel and filed a joint application for composition duly signed by the parties and counter signed by the counsel has also been filed before court. In these circumstances it is prayed that Crl.M.C.No. 4486 of 2008 2 invoking the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) the prosecution against the petitioner may be quashed. 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. 254 of 2008, pending before the Judicial First Class Magistrate-II, Attingal in which the petitioner is the accused and the second respondent is the defacto complainant, is hereby quashed. Crl.M.C.No. 4486 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