IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.MC.No. 2090 of 2008() ------------------------- CR NO. 9/08 OF PERAMBRA POLICE STATION PETITIONER: DEFACTO COMPLAINANT ------------------------------- JESNA, D/O.POCKER, PATTERIKKANDI, KALPATHUR.P.O, MEPPAYUR VIA, KOYILANDY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ACCUSED/ STATE --------------------------- 1. MUHAMMED BASHEER, AGED 37 YEARS, S/O.AHAMMEDKUTTY HAJI, PUTHIYOTTIL HOUSE, THIRUVODYU.PO, NADUVANNUR VIA, KOYILANDY. 2. AHAMMEDKUTTY HAJI, AGED 62, RESIDING -DO -DO- 3. MUSTHAFA, S/O.AHAMMEDKUTTY HAJI, RESIDING -DO- 4. SUN INSPECTOR OF POLICE, PERAMBRA POLICE STATION. 5. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.CIBI THOMAS R5 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2090 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of June, 2008 O R D E R The petitioner is the defacto complainant in a crime registered alleging offences punishable, inter alia, under Section 498A I.P.C. The respondents 1 to 3 are accused 1 to 3 in the crime. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. 2. During the pendency of the investigation the parties have settled their disputes and the petitioner and the first respondent have already been divorced. They have produced Annex.3 agreement executed between them, which shows that the disputes between them have been settled harmoniously and amicably. In addition, Crl.M.A. 2929 of 2008 has been filed jointly by the petitioner and respondents 1 to 3 duly counter signed by their respective counsel to confirm that the disputes have been settled and the petitioner has willingly and voluntarily Crl.M.C.No. 2090 of 2008 2 settled, compromised and compounded the offences allegedly committed by respondents 1 to 3. The petitioner and respondents 1 to 3, in these circumstances, pray that the powers under Section 482 Cr.P.C. may be invoked and further proceedings in the crime registered be quashed. 2. I am satisfied from the from the documents produced, the joint petition filed and the submissions made by the respective counsel that the parties have settled their disputes willingly and voluntarily. If legally permissible, the settlement can be recognized and further proceedings can be quashed. 3. The offence under Section 498A I.P.C. is not compoundable. The counsel in these circumstances rely on the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). They pray that the matrimonial disputes having been settled, the parties may be saved of the trauma of unnecessary continuance of criminal prosecution initiated against respondents 1 to 3. 4. Notice has been given to the learned Prosecutor. No objections are raised. I am satisfied that in the facts and circumstances Crl.M.C.No. 2090 of 2008 3 of this case, powers under Section 482 Cr.P.C. can be invoked to bring to premature termination of the proceedings initiated against respondents 1 to 3, i.e. Crime No. 9 of 2008 of Perambra police station. 5. This Crl.M.C. is accordingly allowed. Crime No. 9 of 2008 of Perambra Police State and all further proceedings pursuant thereto are hereby quashed. (R. BASANT) Judge tm