IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.MC.No. 165 of 2009() ------------------------ CMP.3544/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, THAMARASSERY .................... PETITIONER(S): ACCUSED ---------------------- 1. FIROZ, AGED 27 YEARS, S/O. ALIKUTTY, ARIPPATAMANNIL HOUSE, KODIYATHUR, VERAN KADAVATHU, KOZHIKODE DISTRICT. 2. BUSHRA, AGED 30 YEARS, D/O. ALIKUTTY, ARIPPATAMANNIL HOUSE, KODIYATHUR, VERAN KADAVATHU, KOZHIKODE DISTRICT. 3. SUBAIDA, 50 YEARS, W/O. ALIKUTTY, ARIPPATAMANNIL HOUSE, KODIYATHUR, VERAN KADAVATHU, KOZHIKODE DISTRICT. 4. ALIKUTTY, 55 YEARS, S/O. ALIKUTTY, ARIPPATAMANNIL HOUSE, KODIYATHUR, VERAN KADAVATHU, KOZHIKODE DISTRICT. BY ADV. SMT.T.V.NEEMA RESPONDENT(S): COMPLAINANTS --------------------------- 1. JAFNA, AGED 25 YEARS, D/O. ABDUL AZEEZ, NADUTHODI, P.O. THIRURANGADI, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (REPRESENTING THE S.I OF POLICE, MUKKAM POLICE STATION) ADV. SMT.M.R.JAYALATHA PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.165 of 2009 ---------------------------------------- Dated this the 19th day of January 2009 O R D E R Against the petitioners, crime No.433/08 of Mukkom police station was registered inter alia under Section 498A read with 34 I.P.C. The 1st respondent herein is the de facto complainant. petitioners are the husband, sister-in-law, mother-in-law and father-in-law respectively of the 1st respondent. While the investigation was pending, the petitioners along with the 1st respondent have appeared before this court to apprise this court of the fact that the petitioners and the 1st respondent have settled all outstanding disputes and the 1st respondent had compounded the offences allegedly committed by the petitioners. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that during the pendency of this petition, final report has already been filed and C.C.No.440/08 of learned J.F.C.M-II, Thamarassery has been registered on the basis of such final report. 3. The petitioners along with the 1st respondent have appeared before this court to confirm that they have settled all Crl.M.C.No. 165/09 2 their outstanding disputes and the marital relationship has been brought to termination harmoniously with the execution of the agreement dated 06/12/2008 (copy produced as Annexure B). The 1st respondent has entered appearance and has filed an affidavit in which she confirms that the disputes have been settled amicably and all offences allegedly committed by the petitioners have been compounded. She stands by Annexure B agreement dated 06/12/2008. 4. The learned counsel for the petitioners and the 1st respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386]can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner. 5. In the result, a) This Crl.M.C is allowed. b) C.C No.440/08 pending before the learned J.F.C.M-II, Thamarassery in which the petitioners are the accused and the 1st respondent is the de facto complainant is hereby quashed. Crl.M.C.No. 165/09 3 c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No. 165/09 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008