IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.MC.No. 4068 of 2008() ------------------------- CRIME NO.305/2007 OF CHERANALLOOR POLICE STATION PETITIONER(S): PETITIONER ------------------------- SAJEEV P.P., AGED 30 YEARS S/O.PEETHAMBARAN, WORKING AT MALABAR TRAVELS WILLINGTON ISLAND, KOCHI. BY ADV. SRI.BIJU PONTAYIL RESPONDENT(S): --------------- 1. SIMNA, AGED 27 YEARS D/O.HARSHAN, AZHEEKAL, VISHNUPURAM,CHERANALLOOR. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. ADV. SMT.DIJI.K.DASAN FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4068 of 2008 ---------------------------------------- Dated this the 24th day of November 2008 O R D E R The petitioner is the husband of the first petitioner herein. He faces allegations in a crime registered alleging offences punishable inter alia under Section 498A I.P.C. The crime has been registered at the Cheranalloor police station. Investigation is in progress. 2. At this stage, the petitioner/accused and the first respondent/ de facto complainant have come before this court to apprise this court of the fact that the parties have settled their disputes and they have agreed to harmoniously dissolve the matrimonial tie. They are filing applications under Section 13B of the Hindu Marriage Act for dissolution of marriage. In these circumstances, the first respondent having settled all her disputes and she having compounded the offences allegedly committed by the petitioner, the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] may be invoked to quash the proceedings in crime No.305/2007 registered against the petitioner, they pray. Crl.M.C.No.4068/08 2 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The first respondent has entered appearance. An affidavit has been filed by her duly attested by her counsel to confirm that the matter is settled and she has compounded the offences allegedly committed by the petitioner. Her counsel confirms that the matter has been settled. A copy of the agreement executed between the parties has also been produced before this court. 4. Having considered all the relevant circumstances, I am persuaded to agree that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi (Supra) can profitably be invoked to quash the criminal proceedings initiated against the petitioner herein. 5. In the result, a) This petition is allowed. b) Crime No.305/2007 of Cheranalloor police station and all further steps in pursuance of the registration of the said crime are hereby quashed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4068/08 3 Crl.M.C.No.4068/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008