IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.MC.No. 1934 of 2008() ------------------------- CRIME NO. 165/08 OF UDAYAMPEROOR POLICE STATION PETITIONER: DEFACTO COMPLAINANT: -------------------------------- JESSY R.D/O.I.RAJA PANDIAN, AGED 37 YEARS, ABHISHEKAM, KUREEKAD, THIRUVANKULAM PO, ERNAKULAM. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: ACCUSED/STATE -------------------------- 1. M.BABU S/O.MUTHUSWAMY, AGED 39 YEARS, 'ABHISHEKAM' KUREEKAD, THIRUVANKULAM PO, ERNAKULAM. 2. STATE OF KERALA, REP.BY S.I.OF POLICE, UDAYAMPEROOR, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SMT.ANILA GEORGE R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1934 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2008 O R D E R The petitioner and the first respondent are spouses. There was strain in the matrimony. A complaint was filed by the petitioner/defacto complainant. Crime No. 165 of 2008 of Udayamperoor Police Station was registered under Section 498A I.P.C. Investigation is in progress. Investigation has not been completed. The petitioner/wife and the first respondent/husband have come before this Court with a prayer that the proceedings initiated against the first respondent at the instance of the petitioner may be quashed. It is submitted that the parties have settled their disputes. Annex.2 agreement has been executed by the spouses. All their disputes have been settled. They have resumed cohabitation. The counsel for the petitioner and the first respondent have identified the spouses, who are present in Court personally to satisfy the Court that they have settled their disputes. Crl.M.C.No. 1934 of 2008 2 2. Notice has been given to the learned Prosecutor. The learned Prosecutor does not oppose the prayer. The offence under Section 498A I.P.C. is, of course, not compoundable. But notwithstanding that fact, the decision in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) makes it very clear that such settlement of disputes can be realistically taken note and powers under Section 482 Cr.P.C. can be invoked to bring to premature termination of such unnecessary proceedings. The counsel for the contestants submit that the disputes have been amicably settled. I take note of Annex.2 agreement. I am satisfied that powers under Section 482 Cr.P.C. can be invoked to prematurely terminate the proceedings against the first respondent. 3. This Crl.M.C. Is accordingly allowed. All further proceedings in Crime No.165 of 2008 of Udayamperoor Police Station under Section 498A I.P.C. initiated at the instance of the petitioner herein, shall now stand quashed. (R. BASANT) Judge tm