IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 28 of 2009() ----------------------- CC.489/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): ACCUSED 1 TO 3 ----------------------------- 1. GEORGE D. PAUL, AGED 32 YEARS, S/O.N.V. PAUL, NEDUNGOOR HOUSE, ELAMAKKARA.P.O, NOW RESIDING AT MANJUMMAL, LODGE MUKKU STOP, ELOOR, ERNAKULAM. 2. PAUL.N.V, AGED 56, S/O. VARGHESE (LATE) NEDUNGOOR HOUSE, ELAMAKKARA.P.O, ETTUKATTUPARAMBU, NOW RESIDING AT MANJUMMAL, LODGE MUKKU STOP, ELOOR, ERNAKULAM. 3. ELSY PAUL, W/O. PAUL, AGED 50, NEDUNGOOR HOUSE, ELAMAKKARA.P.O, ETTUKATTUPARAMBU, NOW RESIDING AT MANJUMMAL, LODGE MUKKU STOP, ELOOR, ERNAKULAM. BY ADV. SMT.R.LEELA SRI.D.B.BINU RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THROUGH HIGH COURT OF KERALA, ERNAKULAM. 2. ANNIE LIGIE, AGED 24 YEARS, D/O. XAVIER.K.J, KALLARICKAL HOUSE, B.M. NAGAR, EDAPPALLY.P.O, ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB SMT.A.SREEKALA FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 28 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of January, 2009 O R D E R The petitioners face indictment in a prosecution for the offence punishable under Section 498A I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The second respondent herein is the defacto complainant. The petitioners are the husband, father-in- law and mother-in-law of the defacto complainant. Trial has not commenced. 2. At this juncture, the petitioners and the second respondent have come before this Court through their counsel to confirm that the disputes between them have been settled harmoniously and that the spouses have decided to terminate their legal matrimony. A joint application for divorce has already been filed and the same is pending before the Family Court. In these circumstances it is prayed that the extra ordinary Crl.M.C.No. 28 of 2009 2 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) may be invoked to bring to premature termination the unnecessary and irrelevant prosecution surviving against the petitioners. 4. Notice was given to the learned Prosecutor, who does not oppose the application. The second respondent has entered appearance through counsel and has filed an affidavit duly attested by the counsel to confirm such settlement/composition. I am satisfied that there has been a harmonious settlement of the disputes between the parties and this is a fit case where the extra ordinary inherent jurisdiction as enabled by the dictum in B.S. Joshi can safely be invoked. 6. In the result: a) This Crl.M.C. is hence allowed. b) C.C. No. 489 of 2006 pending before the J.F.M.C. -II, Alwaye, in which the petitioners are the accused and the second respondent is the defacto complainant, is hereby quashed. Crl.M.C.No. 28 of 2009 3 c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner/accused and the sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm