IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Crl.MC.No. 2158 of 2008() ------------------------- CC.416/2002 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER: IST ACCUSED:- ------------------------- T.M.MUHAMMADALI, THELAMPURAM HOUSE, KAKKAVAYAL, THANNIPPARA, ENGAPUZHA AMSOM DESOM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: RESPONDENT/COMPLAINT/STATE:- ----------------------------------------- 1. SAHIRA, D/O MTC MOOS, SRAMBIKUNNUMMAL HOUSE,ENGAPUZHA, ODUNGAKKAD, KOZHIKODE. 2. STATE REP: BY PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. SRI.CIBI THOMAS (R1) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2158 of 2008 ------------------------------------------------- Dated this the 9th day of June, 2008 ORDER The petitioner, along with the co-accused, faced indictment in a prosecution for offences punishable, inter alia, under Sec.498A read with Sec.34 of the IPC. He is alleged to have committed the said offences against the 1st respondent – his wife. Cognizance was taken by the learned Magistrate on the basis of a final report submitted by the police after completing the investigation. The petitioner was not available for trial. The co-accused, who faced trial, had come before this Court and had got the proceedings against them quashed on the ground that the 1st respondent had settled, compromised and compounded the offences alleged. The prosecution against the petitioner was split up and now stands transferred to the list of Long Pending Cases. 2. The petitioner and the 1st respondent have appeared Crl.M.C. No.2158 of 2008 -: 2 :- before this Court through their counsel. A joint application for composition is filed. The application is duly signed by the parties and counter signed by their respective counsel. The learned counsel for the 1st respondent vouches for the signature of the 1st respondent in the application for composition and confirms that the matter has been settled and the offence has been compounded by the 1st respondent. 3. I am satisfied from the materials placed before this Court as also the submissions made at the Bar that the parties are willingly and voluntarily settled their disputes. The 1st respondent/complainant has compounded the offences alleged against the petitioner. If legally permissible and possible, I am satisfied that the composition can be accepted and further proceedings can be brought to premature termination. 4. The learned counsel for the petitioner, in these circumstances, has rightly placed reliance in the decisions of the Supreme Court B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). These decisions are authority for the proposition that the powers under Sec.482 of the Cr.P.C. can be invoked in an appropriate case that the offences are compoundable notwithstanding the fact that the offences are, in law, non-compoundable. Crl.M.C. No.2158 of 2008 -: 3 :- 5. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not raise any objection in the peculiar facts and circumstances of this case. 6. I am satisfied, in the facts and circumstances of this case, that this is a fit case where the powers under Sec.482 of the Cr.P.C. can be invoked to bring to premature termination the proceedings pending against the petitioner. It is submitted at the Bar that no proceedings under Sec.446 of the Cr.P.C. are pending against the petitioner or his sureties. 7. In the result: (a) This Crl.M.C. is allowed. (b) L.P.No.96/03 pending before the learned Judicial Magistrate of the First Class-I, Thamarassery, against the petitioner is hereby quashed. (c) Needless to say, if any proceedings under Sec.446 of the Cr.P.C. are pending against the petitioner or his sureties, the same shall be disposed of in accordance with law. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.2158 of 2008 -: 4 :-