IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 Crl.MC.No. 4969 of 2010() ------------------------- CRA.1/2008 of SESSIONS COURT, KASARAGOD CC.894/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): APPELLANT/ACCUSED. --------------------------------- ABDULRAHIMAN, AGED 43 YEARS, S/O. MOHAMMED, RESIDING AT KALLURAVI, KANHANGAD VILLAGE AND POST, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KASARAGOD POLICE STATION, THOUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. REHMATH T.P., AGED 24 YEARS, D/O. DAINABI, R/AT MURIYANAVI, POST - KANHANGAD, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR R2 BY ADV. SRI.K.P.BALAGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4969 of 2010 -------------------------------------- Dated this the 13th day of January, 2011. ORDER Petitioner is accused in C.C.No.894 of 2004 of the court of learned Judicial First Class Magistrate-I, Hosdurg for offence punishable under Section 498A of the Indian Penal Code (for short, “the Code”) on a complaint preferred by respondent No.2, his wife. He was convicted and sentenced to undergo imprisonment and payment of fine. He preferred an appeal as Crl.Appeal No.1 of 2008. That appeal is pending in the court of learned Sessions Judge, Kasaragod. In the meantime petitioner and respondent No.2 have settled the dispute between them and executed Annexure-2, agreement. Based on Annexure-2, agreement parties have filed a joint statement in this Court where it is stated that dispute between parties is settled and that in the light of the settlement, the proceedings may be quashed. 2. Respondent No.2 has appeared through counsel. I have heard learned counsel and the Public Prosecutor. 3. In Biju Eappen v. State of Kerala and another (ILR 2010 (1) Kerala 259) a learned Judge of this Court held that even after conviction and when an appeal is pending in the matter of offence under Section 498A of the Code if parties entered into settlement it is within the power of the High Court to interfere under Section 482 of the Code of Criminal Procedure (for short, “the Crl.M.C.No.4969/2010 2 Cr.P.C.”) and quash the proceedings. Annexure-2, agreement and joint statement filed by petitioner and respondent No.2 show that parties have settled the dispute between them. Appellate court cannot compound the offence invoking Section 320 of the Cr.P.C.. Considering the settlement and harmonious relationship between the parties, though they have decided to live separately I am inclined to invoke power under Section 482 of the Cr.P.C. Resultantly this petition is allowed and the conviction and sentence of petitioner in C.C.No.894 of 2004 of the court of learned Judicial First Class Magistrate-I, Hosdurg are quashed. Learned Sessions Judge, Kasaragod is directed to close Crl.Appeal No.1 of 2008 in the light of this order. THOMAS P.JOSEPH, Judge. cks