IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Crl.MC.No. 482 of 2009() ------------------------ CC.346/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONER(S): ACCUSED ---------------------- 1. SHIBU C. AGED 37 YEARS, S/O.K.K.CHELLAPPAN, THEYYAMPARAMBIL, PALLATHURUTHI WARD, ALAPPUZHA. 2. SREELEKHA, AGED 27 YEARS, D/O.MOHANAN KANNANKUTTICHIRA, PALLATHURUTYHY WARD, ALAPPUZHA. 3. SHEELA, AGED 32 YEARS, D/O.CHELLAPPAN THEYYAMPARAMBIL, PALLATHURUTHI WARD,ALAPPUZHA. 4. MOHANAN, AGED 54 YEARS, S/O.RAJAPPAN, KA NNANKUTTICHIRAVEEDU,PALLATHURUTHI WARD,ALAPPUZHA. BY ADV. SRI.K.N.VENUGOPALA PANICKER RESPONDENT(S): --------------- 1. SMITHAMOL, AGED 31 YEARS, D/O.SURENDRAN PUTHUVALAVELI, MANNANCHERRY P.O. ALAPPUZHA. 2. STATE OF KERLA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. GIKKU JACOB. ADV. SRI.E.RAFEEQ FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 482 of 2009 ------------------------------------------------- Dated this the 2nd day of February, 2009 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation in a crime. That crime, in turn, was registered on the basis of a private complaint filed by the de facto complainant/1st respondent herein before the learned Magistrate which was referred to the to the police by the learned Magistrate under Sec.156(3) Cr.P.C. Investigation is complete. Cognizance has already been taken. Trial has not commenced. 2. The 1st respondent is the wife of the 1st petitioner and petitioners 2 to 4 are the relatives of the 1st petitioner. At this juncture, the 1st respondent along with petitioners 1 to 4 have Crl.M.C. No. 482 of 2009 -: 2 :- come before this Court through their respective counsel to apprise this Court of the fact that all the outstanding disputes between them have been settled and the 1st respondent has compounded all the offences allegedly committed by the petitioners. The matrimonial disputes between the spouses have been settled and they have harmoniously separated, it is submitted. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor concedes that the dispute is one which is purely private and personal between the parties and no issues of public interest or public justice are directly involved. 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 available to this Court under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution pending against the petitioners. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.346/07 pending before the learned JMFC-I, Crl.M.C. No. 482 of 2009 -: 3 :- Alappuzha, in which the petitioners herein are the accused and the 1st respondent is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioners and their sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. (R. BASANT, JUDGE) Nan/