IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.MC.No. 2456 of 2008() ------------------------- CC.398/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA CRIME NO.564/05 OF KALAMASSERY POLICE STATION, COCHIN CITY. .................... PETITIONER: ACCUSED ------------------- MADHU, S/O. KARTHIKEYAN, KANNEMBILLIL HOUSE, PERENDUR MANAKKODAM ROAD, ELAMAKKARA, EDAPPALLI NORTH.P.O. BY ADV. SRI.C.D.JOHNY SRI.C.ARUN PRASANTH RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UMA DEVI, D/O. DAMODARAN, KANNEMBILLIL HOUSE, PERENDUR MANDAKKODAM ROAD, ELAMAKKARA, EDAPPALLI NORTH.P.O. BY P.P. SRI. GIKKU JACOB. BY ADV. SRI.ANOOP MATHEW ABRAHAM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2456 of 2008 ------------------------------------------------- Dated this the 1st day of July, 2008 ORDER The petitioner is the sole accused in a prosecution under Sec.498A of the IPC. Proceedings were initiated on the basis of a complaint filed by the 2nd respondent herein – the wife of the petitioner. An F.I.R. was registered. Investigation was conducted. Cognizance was taken on the basis of a final report submitted by the police. The prosecution is pending before the learned Magistrate. 2. During the pendency of the proceedings, parties have settled their disputes harmoniously. The offence allegedly committed by the petitioner has been compounded by the 2nd respondent. The spouses have resumed cohabitation. They have come before this Court through different counsel to apprise this Court of the fact that they have settled their Crl.M.C. No.2456 of 2008 -: 2 :- disputes and have resumed harmonious cohabitation. The continuance of the prosecution is, in these circumstances, an unnecessary irritant in their relationship and it is prayed that the composition may be accepted and the proceedings pending against the petitioner may be quashed invoking the extraordinary inherent jurisdiction under Sec.482 of the Cr.P.C. 3. I am satisfied from the averments made in this Crl.M.C., from the averments in the affidavit filed by the 2nd respondent and from the submissions made at the Bar by the learned counsel that the parties have settled their disputes voluntarily and genuinely and that the 2nd respondent has compounded the offence allegedly committed by the petitioner. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings against the petitioner can be brought to premature termination. 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 Crl.M.C. No.2456 of 2008 -: 3 :- and circumstances of the instant case where such invocation is found to be imminently justified. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.398/06 pending before the Judicial Fist Class Magistrate's Court-II, Aluva, is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge