IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 Crl.MC.No. 2218 of 2008() ------------------------- CRIME NO.202/08 OF THE MALA POLICE STATION .................... PETITIONER: ACCUSED ------------------- 1. CLEETUS GEORGE, AGED 39 YEARS, S/O.GEORGE, PERAPPADAN HOUSE, P.O.PALAYAMPARAMBU, THRISSUR DISTRICT. 2. MARIYAMMA GEORGE, AGED 80 YEARS, W/O.GEORGE, C/O.GEORGE KUNNATHU OTTATHIL, NEELESWARAM P.O. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ SRIA.G.UNNIKRISHNAN RESPONDENTS: STATE & DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, MALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SOLY CLEETUS, W/O.CLEETUS GEORGE, PEREPPADAN HOUSE, P.O.PALAYAMPARAMBU, THRISSUR DISTRICT. BY P.P. SRI. GIKKU JACOB. BY ADV. SRI.SREEPRAKASH K.NAIR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2218 of 2008 ------------------------------------------------- Dated this the 13th day of June, 2008 ORDER The petitioners are the husband and mother-in-law of the 2nd respondent herein. She is the de facto complainant/ informant in a crime registered as Crime No.202/08 of the Mala Police Station alleging the commission of the offence punishable under Sec.498A of the IPC by the petitioners herein. 2. Investigation is in progress. In the meantime, the parties have settled their disputes. The 2nd respondent has settled, compromised and compounded the offence allegedly committed by the petitioners. They have come before this Court together and have filed this Crl.M.C. praying that powers under Sec.482 of the Cr,.P.C. may be invoked to quash the crime registered against the petitioners. An affidavit Crl.M.C. No. 2218 of 2008 -: 2 :- sworn before a Notary Public by the 2nd respondent is also produced. The learned counsel for the 2nd respondent confirms that the matter has been settled by the 2nd respondent and that she is the de facto complainant in Crime No.202/08. 3. I am satisfied from the submissions made at the Bar and from the records produced that the parties have willingly and voluntarily settled the disputes between them. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not raise any objection. 5. But the offence under Sec.498A of the IPC is not legally compoundable and, in these circumstances, the learned counsel for the parties rightly rely on the decisions of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 of the Cr.P.C. must be invoked, in the interests of justice, to prematurely terminate the unnecessary continuance of the prosecution against the petitioners. 6. In this result: (a) This Crl.M.C. is allowed. (b) Crime No.202/08 of the Mala Police Station registered Crl.M.C. No. 2218 of 2008 -: 3 :- on the basis of an information furnished by the 2nd respondent against the petitioners herein is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge