IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Crl.MC.No. 2136 of 2008() ------------------------- C.C.240/08 OF JFCM COURT, VATAKARA PETITIONERS/ACCUSED: ---------------------------------- 1. KAKKAMARAMULLATHIL THAMASIKKUM KOYANTAVIDA NOUSHAD, S/O. ALI, AGED 32 YEARS, VELLIKULANGARA P.O.M ORKKATTERI KOCHIKODE DIST. KERALA STATE. 2. RABIYA, W/O. ALI, AGED 55 YEARS, KAKKAMARAMULLATHIL HOUSE, DO. DO. 3. HASEENA, D/O. ALI, AGED 26 YEARS, DO. DO. 4. ABOOBACKER, S/O. ALI, AGED 28 YEARS, DO. DO. 5. ABBAS, S/O. IBRAHIM, AGED 36 YEARS, DO. DO. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NUSRATH, D/O. ANDRU, AGED 22 YEARS P.O. PUTHOOR, VATAKARA TALUK, KOZHIKODE DIST. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2136 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2008 O R D E R The petitioners face indictment in a prosecution under Section 498A I.P.C. They are the husband of the second respondent and his relatives. Cognizance has been taken against them by the learned Magistrate on the basis of a final report submitted by the police after due investigation. Crime, in turn, was registered on the basis of a complaint filed by the second respondent before the Magistrate and referred to the police under Section 156(3) Cr.P.C. 2. The matter is now pending before the J.F.M.C. Vadakara. During the pendency of the proceedings the parties have settled their disputes. The second respondent has settled, compromised and compounded the offences and has no surviving grievance against the petitioners to continue. The petitioners and the second respondent have both appear before this Court through counsel and pray that powers under Section 482 Cr.P.C. Crl.M.C.No. 2136 of 2008 2 may be invoked and further proceedings in the crime registered be quashed. The counsel for the second respondent has produced an affidavit filed by the second respondent and he confirms that the dispute has been settled between the parties. 2. I am satisfied from the documents produced and the submissions made by the respective counsel that the parties have settled their disputes willingly and voluntarily. If legally permissible, the settlement can be recognized and further proceedings can be quashed. 3. The offence under Section 498A I.P.C. is not compoundable. The counsel in these circumstances rely on the decisions in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) and Madan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287). They pray that the matrimonial disputes having been settled, the parties may be saved of the trauma of unnecessary continuance of criminal prosecution initiated against them. 4. Notice has been given to the learned Prosecutor. No objections are raised. I am satisfied that in the facts and circumstances Crl.M.C.No. 2136 of 2008 3 of this case, powers under Section 482 Cr.P.C. can be invoked to bring to premature termination of the proceedings initiated against the petitioners. 5. This Crl.M.C. is accordingly allowed. Crime No. 240 of 2008pending before the J.F.M.C. Vadakara against the petitioners is hereby quashed. It is submitted that all the petitioners are on bail and no proceedings are pending against them or the sureties. Needless to say, such proceedings, if any, shall continue. (R. BASANT) Judge tm