IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Crl.MC.No. 2471 of 2008() CRIME NO.370/2008 OF PUTHENCRUZ POLICE STATION ------------------------- PETITIONER: ACCUSED NO.1-3 -------------------------- 1. SAJI, S/O.LATE VARGHESE, THATTUPARAMBIL HOUSE, THIRUVANIYUR P.O., ERNAKULAM DISTRICT. 2. MARY VARGHESE, D/O.LATE MERY VARGHESE THATTUPARAMBIL HOUSE, THIRUVANIYUR P.O. ERNAKULAM DISTRICT. 3. T.V.SANI @ SIJI, W/O.SHIJU KURIAKOSE, PLACHERIL HOUSE, THIRUVANIYUR P.O ERNAKULAM DISTRICT. BY ADV. SRI.JOHN K.GEORGE SRI.P.K.VARGHESE RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JINCY W/O.SAJI, THATTUPARAMBIL HOUSE, THIRUVANIYUR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2471 of 2008 ---------------------------------------- Dated this the 1st day of July 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable inter alia under Section 498A I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. Second respondent is the de facto complainant. First accused is the husband and the second and third accused are the mother-in-law and sister-in-law respectively of the second respondent. Crime has been registered. Investigation is in progress. 2. During the pendency of the proceedings before the investigator, the parties have settled their disputes and they have come to this court through different counsel to confirm that the disputes have been settled harmoniously and the second respondent has compounded the offences allegedly committed by the petitioners. The spouses have now resumed harmonious co- habitation. The petitioners and the second respondent through their counsel plead that the disputes having been settled, there is no meaning or relevance in the continuance of the investigation. It is prayed that powers under Section 482 Cr.P.C may be invoked to quash the proceedings against the petitioners. The learned counsel for the petitioners and the second respondent vouch for Crl.M.C.No.2471/08 2 the fact that the second respondent has compounded the offence. The second respondent has filed an affidavit which is marked as Annexure 2. 3. Notice was given to the learned Public Prosecutor. He raised no objection. I am satisfied from the submissions in the Crl.M.C, from the averments in the affidavit filed by the second respondent that the disputes have been settled and the second respondent has compounded the offence allegedly committed by the petitioners. If legally permissible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. But the offence under Section 498A I.P.C is not legally compoundable. The learned counsel for the contestants, in these circumstances, rightly rely on the decision in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]. I am satisfied that in the facts and circumstances of this case powers under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can safely be invoked and proceedings initiated against the petitioners can be brought to premature termination. 4. In the result, this petition is allowed. Crime No.370/2008 of Puthenkuruz police station against the petitioners is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2471/08 3 Crl.M.C.No.2471/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007