IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Crl.MC.No. 2615 of 2008() ------------------------- CC.1266/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM CRIME NO.204/03 OF THE KUMARAKOM POLICE STATION .................... PETITIONER: ------------ DEEPAK, S/O. DILIP KUMAR, KALIYANATTU VELIYIL, KANICHUKULANGARA P.O., MARARIKULAM NORTH NOW RESIDING AT KUNNATHUKALATHIL HOUSE, KUMARAKOM. BY ADV. SRI.V.K.SUNIL RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. INDIRA, W/O. DILIP KUMAR, KALIYANATTU VELIYIL, KANICHUKULANGARA P.O., MARARIKULAM NORTH NOW RESIDING AT KUNNATHUKALATHIL HOUSE, KUMARAKOM. 3. DILIP KUMAR, KALIYANATTU VELIYIL, KANICHUKULANGARA P.O., MARARIKULAM NORTH. 4. PREMA KUMAR, W/O. DHANESAN, POZHICKAL HOUSE, KANICHUKULANGARA P.OL., ALAPPUZHA DISTRICT. -: 2 :- 5. DHANESAN, POZHICKAL HOUSE, KANICHUKULANGARA P.O., ALAPPUZHA DISTRICT. 6. SULOCHANA @ SUBHA, W/O. UNNIKRISHNAN, KOLLADICKAL HOUSE, CHARAMNGALAM, BY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/7/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2615 of 2008 ------------------------------------------------- Dated this the 10th day of July, 2008 ORDER The petitioner is the witness in a prosecution for offences punishable, inter alia, under Sec.498A of the IPC. The prosecution was launched and cognizance was taken as early as in 2004. The trial has not commenced. The accused had come before this Court and had wanted to issue directions for expeditious disposal. The details of that proceedings are not made available to this Court now. But it is submitted that this Court had directed that the case be disposed of by 31/8/08. The matter stands posted for trial to tomorrow – 11/7/08. At this stage, the petitioner, who is the son of the spouses, who are at logger heads, has come before this Court with a prayer that the trial may not be permitted to commence tomorrow. 2. What is the reason? The learned counsel for the Crl.M.C. No. 2615 of 2008 -: 2 :- petitioner submits that the petitioner is a 21 year old person studying for graduation course in the C.M.S. College, Kottayam. He has a sister who is aged 24 years. She is a student of the M.B.A. course. If trial were to commence tomorrow, it may not be possible for the petitioner and his sister to attempt a harmonious settlement of the disputes between their father and mother. Therefore, it is prayed that some further time may be granted to the petitioner and his sister to work out a harmonious settlement of the disputes between their parents and trial may not be permitted to commence. 3. I shall not embark on a detailed discussion on merits of the claim. Suffice it to say that I am not persuaded to agree that the extraordinary inherent jurisdiction under Sec.482 of the Cr.P.C. can, need or ought to be invoked. If the petitioner sees the real chance of a settlement, he must appear before the learned Magistrate and persuade the learned Magistrate to entertain the satisfaction that he is engaged in a bona fide attempt to settle the disputes between his father and mother. If the learned Magistrate is so satisfied, the learned Magistrate must consider granting breathing time for the petitioner to work out a harmonious settlement. The learned Magistrate can also play an effective and crucial role if he is satisfied that there is Crl.M.C. No. 2615 of 2008 -: 3 :- any merit in the submission that the petitioner really wants to work out a settlement. I say so because the proceedings were initiated as early as in 2004 and the petitioner and his sister aged 21 and 24 years respectively will certainly have to explain to the learned Magistrate what efforts they have taken by now to settle the disputes. The learned Magistrate will have to objectively assess whether the attempt is only to protract the proceedings and play for time and thus delay the disposal of the proceedings pending before him. If there is semblance of a chance of harmonious settlement, the petitioner's request can be entertained favourably by the learned Magistrate without in any way delaying indefinitely the disposal of the case. 4. This Crl.M.C. is, in these circumstances, dismissed with the above observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 2615 of 2008 -: 4 :-