IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 4040 of 2008() ------------------------- CRIME NO.21/2008 OF KAVARATTI POLICE STATION PETITIONER(S): ACCUSED ---------------------- MOHAMMED THAHA, S/O. KARACHETTA KOYAMMAKOYA, LAVANAKKAL, KEECHERY, ANDROTH ISLAND. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------ 1. UNION TERRITORY OF LAKSHADWEEP, REP. BY ITS STANDING COUNSEL, HIGH COURT OF KERALA. 2. ABIRA, D/O. MUTHUKOYA, PALLICHAM HOUSE, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP. R1 BY STANDING COUNSEL FOR LAKSHADWEEP ADMINISTRATION SRI. S. RADHAKRISHNAN R2 BY ADV. SRI. JIJO PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4040 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2008 O R D E R The petitioner faces allegations in a crime registered under Section 376 I.P.C. The crime was registered as Crime No. 21 of 2008 of Kavarathi police station on 30.8.2008. The victim is a girl aged about 21 years now. Allegations are raised in the complaint that there was intimacy between the accused and the victim. They had sexual intercourse. She conceived. There was an agreement that the marriage shall take place. But the petitioner did not abide by the promise made by him. He allegedly escaped. It is in these circumstances that the complaint was filed. 2. Investigation is in progress. Final report has not been filed yet. At this juncture the petitioner/accused and the second respondent/defacto complainant/victim have come before this Court to apprise this Court of the fact that the disputes between them have been settled. They have entered valid matrimony and Crl.M.C.No. 4040 of 2008 2 they are living together now. In these circumstances the second respondent does not want to prosecute the petitioner herein. She has compounded the offence of rape allegedly committed against her by the petitioner. 3. The offence though not compoundable, the composition may be accepted following the dicta in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and Nikil Merchant v. C.B.I. (2008 (3) KLT 769) and the proceedings may be closed. Continuance of this unnecessary and irrelevant prosecution does not serve the interests of any one, it is submitted. 4. The second respondent has appeared through counsel. She has filed an affidavit to confirm settlement and composition. 5. Notice was given to the Standing Counsel for Lakshadweep Administration. It is reported that the matter has been settled amicably and no one has any objection against premature termination of the proceedings. 6. Having considered all the relevant inputs, I am persuaded to agree that this is an eminently fit case where the extra ordinary inherent Crl.M.C.No. 4040 of 2008 3 jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot and Nikil Merchant (supra) can be invoked to bring to premature termination all further proceedings in Crime No.21 of 2008 registered at the Kavarathi police station. 7. This Crl.M.C. is accordingly allowed. Crime No.21 of 2008 of Kavarathy police station registered under Section 376 I.P.C., in which the petitioner is the accused and the second respondent is the defacto complainant, is hereby quashed. (R. BASANT) Judge tm