IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Crl.MC.No. 2202 of 2008() ------------------------- PETITIONER: PETITIONERS ----------------------- 1. KAKKUDUMBIL THWALHATH,S/O.ANDRU,AGED 26, BUSINESS, THIRUVALLUR AMSOM DESOM, VADAKARA TALUK. 2. FATHER KAKKUDUMBIL ADNDRU HAJI, AGED 70, THIRUVALLUR AMSOM DESOM, VADAKARA TALUK. 3. WIFE KAKKUDUMBIL KADEESA, AGED 58, THIRUVALLUVAR AMSOM DESOM, VADAKARA TALUK. 4. KAKKUDUMBIL RIYAS, S/O. ANDRU HAJI, AGED 30, THIRUVALLUVAR AMSOM DESOM, VADAKARA TALUK. 5. KAKKUDUMBIL MOHAMMED, S/O. ANDRU HAJI, AGED 22, THIRUVALLUVAR AMSOM DESOM, VADAKARA TALUK. 6. KAKKUDUMBIL SAJIRA, W/O. ASHRAF, AGED 31, THIRUVALLUVAR AMSOM DESOM, VADAKARA TALUK. 7. KAKKUDUMBIL SHAKKEELA, W/O. RIYAS, AGED 28, THIRUVALLUVAR AMSOM DESOM, VADAKARA TALUK. 8. KAKKUDUMBIL SHERIFA, W/O. KALAM, AGED 21, THIRUVALLUVAR AMSOM DESOM, VADAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SABEETHA, D/O. POCKER HAJI, AGED 19, PUNATHIL HOUSE, CHERAPURAM, AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DT. BY ADV. SRI.SUDHEESH.A. FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2202 of 2008 ---------------------------------------- Dated this the 17th day of June 2008 O R D E R The petitioners face allegations in a crime registered under Section 498A I.P.C. That crime has been registered on the basis of a private complaint filed by the second respondent which was referred to the police under Section 156(3) Cr.P.C. The second respondent is the wife of the first petitioner and the other petitioners are the relatives of the first petitioner. Matrimonial cruelty is alleged. Investigation has commenced. In the meantime, the parties have settled their disputes amicably and harmoniously. The marital tie has been dissolved. The second respondent has filed an affidavit to confirm that the disputes have been settled. Marriage is decided to be dissolved. Terms of the settlement has been incorporated in a separate agreement. In these circumstances, the second respondent asserted in the affidavit filed by her that she does not want further proceedings to be continued against the petitioner. It is in this context, the petitioner along with the second respondent have come before this court to pray that powers under Section 482 Cr.P.C may be invoked to bring to premature termination the crime registered against the petitioners. I am satisfied from Crl.M.C.No.2202/08 2 the submissions made by the learned counsel for the contestants and from the documents placed before this court that the parties have settled their disputes voluntarily and amicably. In these circumstances, if legally permissible, I am satisfied that the composition can be accepted and proceedings brought to premature termination. 2. But the offence under Section 498A I.P.C is not legally compoundable. The learned counsel in these circumstances rely rightly on the decision in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] and Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] . I am satisfied that in the facts and circumstances of this case it is an eminently fit case where powers under Section 482 Cr.P.C can be invoked and the proceedings can be quashed. 3. In the result, this petition is allowed. Crime No.157/08 pending before the Vadakara police station registered against the petitioners under Section 498A I.P.C on the complaint of the second respondent is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2202/08 3 Crl.M.C.No.2202/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007