IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4360 of 2008() ------------------------- CRIME NO.370/08 OF THE PATHANAMTHITTA POLICE STATION PETITIONER(S): ACCUSED ---------------------- 1. RAJAGOPALAN NAIR, S/O.KARUNAKARAN NAIR, KOLLAMMANNIL HOUSE AZHOOR, PATHANAMTHITTA. 2. RAMA, W/O. RAJAGOPALAN NAIR, KOLLAMMANNIL HOUSE, AZHOOR, PATHANAMTHITTA. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4360 of 2008 ------------------------------------------------- Dated this the 21st day of November, 2008 ORDER The petitioners are spouses. They are the de facto complainant and the accused in a crime registered under Sec.498A IPC. Investigation is in progress. At this stage, the petitioners have come before this Court together to report to this Court that they have settled all their outstanding disputes and the 2nd petitioner has compounded the alleged offence committed by the 1st petitioner. They have resumed cohabitation, submits counsel. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against acceptance of the composition and the quashing of the proceedings. 3. The offence is not compoundable. But the learned Crl.M.C. No.4360 of 2008 -: 2 :- counsel for the petitioners submits that the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) may be invoked to prematurely terminate the proceedings. 4. I am satisfied that this is an eminently fit case where the powers under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy (supra) can safely be invoked to bring to premature termination the proceedings against the petitioners. 5. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.370/08 of the Pathanamthitta Police in which the 1st petitioner is the accused and the 2nd petitioner is the de facto complainant is hereby quashed. (R. BASANT, JUDGE) Nan/ Crl.M.C. No.4360 of 2008 -: 3 :-