IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 3834 of 2008() ------------------------- CC 257/08 OF J.F.C.M-I, KANNUR PETITIONER(S): ACCUSED ---------------------- K.FAROOK, S/O.MUHAMMEDKUNHI AGED 41 SABIRA QUARTERS, NEAR CHALAD MASJID, CHALAD, KANNUR. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR. 3. SMT.NASEEMA D/O.UMMER, AGED 38, THEKEDATH HOUSE, ATHAZHAKUNNU, P.O., KOTTALI, KANNUR. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3834 of 2008 ---------------------------------------- Dated this the 3rd day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences 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 wife of the petitioner, the third respondent herein is the de facto complainant/victim. There were other accused also in the case. They have all been found not guilty and acquitted by now, it is submitted, vide Ext.A3 judgment. 2. The petitioner/accused and the third respondent/de facto complainant have now come before this court to apprise the court of the fact that they have settled their disputes and they are living harmoniously as husband and wife. The petitioner is of course, employed abroad. The third respondent has entered appearance through counsel. She has filed an affidavit to confirm that the disputes have been settled and that she has compounded the offences allegedly committed by the petitioner/husband. The offence under Section 498A I.P.C. is not Crl.M.C.No.3834/08 2 legally compoundable. The learned counsel, in these circumstances, rightly rely on the decision in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor confirms that there has been a harmonious settlement and that the State has no objection against this court quashing surviving prosecution against the petitioner herein. I am satisfied that the prayer can be accepted. 3. In the result, a) This Crl.M.C is allowed. b) C.C No.257/08 pending before the learned J.F.C.M, Kannur against the petitioner in which the third 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 petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3834/08 3 Crl.M.C.No.3834/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008