IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3689 of 2008() ------------------------- CC.25/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED ---------------------- SATHI, W/O. VASU, AGED 40 YEARS THACHANADAN HOUSE, PULIPPARAKUNNU DESOM, KODAKARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.A.M.BABU RESPONDENT(S): COMPLAINANT & DE-FACTO COMPLAINANT ------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAROJINI, D/O. VELAYUDHEN AGED 40 YEARS, THACHANADAN HOUSE, PULLIPPARAKUNNU DESOM, KODAKARA VILLAGE, P.O.MANAKULANGARA, THRISSUR DISTRICT. ADV. SRI.B.K.PURUSHOTHAMAN PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3689 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioner is the sole accused in a prosecution for offences punishable under Sections 447,294(b) and 323 read with 34 I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. All offences alleged are compoundable except the offence punishable under Section 294(b) I.P.C. The case is pending before the learned Magistrate. At this stage, the petitioner/accused and the respondent/complainant have come before this court to apprise this court of the fact that they have settled all their outstanding disputes and the second respondent/ de facto complainant has compounded all offences allegedly committed by the petitioner/accused. The second respondent has entered appearance through counsel. The counsel confirms the fact of settlement and composition. An affidavit has been filed by the second respondent duly attested by a counsel to confirm that the disputes have been settled and the offences alleged have been compounded. Crl.M.C.No.3689/08 2 2. I am satisfied from the materials placed before me that there has been a bona fide and genuine settlement of the dispute between the parties and the second respondent has compounded all offences allegedly committed by the petitioner. But the offence under Section 294(b) I.P.C is not compoundable. The learned counsel for the petitioner submits that even if the entire allegations were accepted, no offence under Section 294 (b) I.P.C would lie as the allegations only relate to intemperate language used in the course of quarrel between two women. It is submitted that even on merits allegation under Section 294(b) I.P.C has no legs to stand on. The learned counsel for the petitioner further submits that, at any rate, the matter has been settled between the parties and invoking the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] proceedings are liable to be brought to termination. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case that this is an eminently fit case where powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan (Supra) can Crl.M.C.No.3689/08 3 profitably be invoked to bring to premature termination the prosecution against the petitioner herein. 4. In the result, a) This Crl.M.C. is allowed. b) C.C No.25/2007of pending before the learned J.F.M.C, Irinjalakkuda where the second respondent is the de facto complainant is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioner and her sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3689/08 4 Crl.M.C.No.3689/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008