IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4903 of 2008() ------------------------- CC.736/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TALIPARAMBA .................... PETITIONER(S): ACCUSED --------------- 1. P.A.HANEEFA, S/O. T.ABDU, PUTHENPURAYIL HOUSE, EDAKKZHIYOOR P.O., EDAKKAZHIYOOR AMSOM, CHAVAKKAD TALUK, TRICHUR DIST. 2. NABEESA, W/O. T. ABDU, PUTHENPURAYIL HOUSE, EDAKKZHIYOOR P.O., EDAKKAZHIYOOR AMSOM, CHAVAKKAD TALUK, TRICHUR DIST. 3. ABOOBACKER M.M.,PUTHENPURAYIL HOUSE, EDAKKZHIYOOR P.O.,EDAKKAZHIYOOR AMSOM, CHAVAKKAD TALUK, TRICHUR DIST. BY ADV. SRI.B.PREMNATH (E) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION (REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). 2. MADATHIL AMINA, D/O. K. ABDULLA, PULIYOOL, THIRUVATTOOR P.O., PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DIST. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.N.K.SUBRAMANIAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4903 of 2008 ------------------------------------- Dated this the 17th day of December, 2008 ORDER Petitioners face indictment in a prosecution for the offence punishable under Section 498 A r/w 34 I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. That crime in turn was registered on the basis of a private complaint filed before the learned Magistrate and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Trial has not commenced. 2. At this juncture, the petitioners along with the 2nd respondent/defacto complainant has appeared before this Court to apprise this Court of the fact that the parties have willingly and voluntarily settled their matrimonial disputes. The 2nd respondent is the wife of the 1st petitioner and petitioners 2 and 3 are the mother and brother respectively of the 1st petitioner. The 2nd respondent has entered appearance through counsel. She has filed an affidavit to confirm such settlement/composition. The counsel on behalf of the 2nd respondent asserts that the disputes have been settled between Crl.M.C. No.4903 of 2008 2 the parties and the matrimonial tie has been dissolved in a harmonious manner. 3. The learned counsel for the petitioners and the 2nd respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386], the proceedings can be brought to premature termination. 4. In the result: i) This Crl.M.C is allowed; ii) C.C.No.736 of 2008 pending before the Judicial Magistrate of the First Class, Taliparamba in which the petitioners are the accused and the 2nd respondent is the defacto complainant is hereby quashed; iii) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-