IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 Crl.MC.No. 2647 of 2008() ------------------------- CC.49/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER: ------------ MADHU, 41 YEARS, S/O.THANKAPPAN, KEENETH VEETTIL, KIDANGOOR KARA, THURAVOOR VILLAGE BY ADV. SRI.JAISON JOSEPH RESPONDENTS: ------------- 1. BINDHU, 32, D/O.NARAYANAN, THAMBIL HOUSE, PUTHENPALLY KARA, VARAPUZHA VILLAGE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. BY ADV. SRI.G.SANTHOSH KUMAR (P). FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2647 of 2008 ------------------------------------------------- Dated this the 15th day of July, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.498A of the IPC. That prosecution has been launched at the instance of the 1st respondent herein who is the wife of the petitioner. Investigation is complete. Final report has already been filed. Cognizance has been taken. The matter is pending before the learned Magistrate. The petitioner has already entered appearance before the learned Magistrate, it is submitted. 2. During the pendency of the proceedings, the spouses have settled their disputes. They, it is submitted, have resumed harmonious cohabitation. All the outstanding disputes between them have been settled and the 1st respondent has compounded the alleged offence committed by the petitioner herein. In these Crl.M.C. No. 2647 of 2008 -: 2 :- circumstances, the parties do not want to proceed further with the prosecution. It is prayed that the composition may be accepted and further proceedings may be dropped. The 1st respondent has entered appearance through counsel. The learned counsel vouches that the disputes have been settled. An affidavit has been filed by the 1st respondent duly attested by the counsel and the learned counsel for the 1st respondent asserts that the affidavit is signed by the 1st respondent and she has compounded the offence. 3. I am satisfied from the materials presently available that the parties have settled their disputes and the 1st respondent has compounded the offence allegedly committed by the petitioner. If legally possible and permissible, I am satisfied that the composition can be accepted and the premature termination of the prosecution against the petitioner can be brought about. 4. 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 decision of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am satisfied that, relying on the decision, powers under Sec.482 of the Cr.P.C. can be invoked in the facts and circumstances of the instant case where such invocation is found to be eminently Crl.M.C. No. 2647 of 2008 -: 3 :- justified. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.49/06 pending before the Judicial Magistrate of the First Class-II, Aluva, against the petitioner is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge