IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 2393 of 2008() ------------------------- CC.806/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA CRIME NO.485/06 OF KATTAKKADA POLICE STATION .................... PETITIONER: ------------ SUNI @ AJI, S/O. SUBERKUNJU, SUNIL MANZIL, KALLODE, KOKKUDI MURI, MANNOORKKARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- 1. STATE OF KERA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHABANA, D/O. RAHILA BEEVI, R.V. NIVAS, AMARAVILA, KEEZKOLLA, CHENKAL VILLAGE, NEYYATTINKARA. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2393 of 2008 ------------------------------------------------- Dated this the 25th day of June, 2008 ORDER The petitioner is the sole accused facing indictment in a prosecution under Sec.498A of the IPC. Cognizance was taken on the basis of a final report submitted by the police after due investigation. Proceedings were initiated by the 2nd respondent – wife of the petitioner herein. The prosecution is pending before the learned Magistrate. 2. During the pendency of the proceedings, the parties have settled their disputes. They have now come before this Court through their counsel to submit before this Court that the matrimonial disputes between them have been settled and the parties have separated by divorce. The learned counsel for the petitioner submits that, in these circumstances, it is unnecessary to permit the continuance of the proceedings. Crl.M.C. No. 2393 of 2008 -: 2 :- Powers under Sec.482 of the Cr.P.C. may be invoked and the proceedings may be quashed, it is prayed. 3. The 2nd respondent has entered appearance through counsel. The learned counsel for the 2nd respondent confirms that she is the de facto complainant in the crime and that she has settled the disputes amicably. An affidavit has been filed by the 2nd respondent to confirm that the matter has been settled and the 2nd respondent has compounded the offences allegedly committed by the petitioner. 4. I am satisfied from the submissions at the Bar by the learned counsel, the averments in the Crl.M.C. and the affidavit filed by the 2nd respondent that the parties have willingly, voluntarily and genuinely settled their disputes. If legally permissible and possible, I am satisfied that the composition can be accepted and the proceedings can be brought to premature termination. 5. The offence under Sec.498A of the IPC is not compoundable. But the learned counsel for the parties, in these circumstances, rightly rely on the decisions of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). Crl.M.C. No. 2393 of 2008 -: 3 :- 6. Notice given and the learned Public Prosecutor does not oppose the application. I am satisfied in the facts and circumstances of this case that this is an eminently fit case where the extraordinary inherent powers under Sec.482 of the Cr.P.C. can and ought to be invoked to bring the premature termination of the proceedings against the petitioner. 7. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.806/07 pending before the Judicial First Class Magistrate's Court, Kattakada, against the petitioner herein is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge