IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Crl.MC.No. 292 of 2009() --------------------------------- FIR FILED BY THE KALAMASSERY POLICE BEFORE JFCM COURT II. ....... PETITIONER(S): ACCUSED ---------------------- 1. SUNDARESH, P.N.AGED 33, S/O. ALTE NARAYANA PAIL, PUTHENMADATHIL HOUSE, PULIYATH LANE PERANDOOR ELAMAKKAR, ERNAKULAM DIST. 2. MRS. SARASWATHY, AGED 65 YEARS, W/O. LATE NARAYANA PAI, PUTHENMADATHIL HOUSE, PULIYATH LANE PERANDOOR, ELAMAKKARA , ERNAKULAM DIST. 3. RAJESH P.N., AGED 31, S/O. LATE NARAYANA PAI, PUTHENMADATHIL HOUSE, PULIYATH LANE PERANDOOR ELAMAKKARA, ERNAKULAM DIST. 4. RAMACHANDRA P.N., AGED 29 YEARS, S/O. LATE NARAYANA PAI, PUTHENMADATHIL HOUSE, PULIYATH LANE PERANDOOR, ELAMAKKARA, ERNAKULAM DISTRICT. 5. RAMMESH PAI, AGED 40 YEARS, S/O. NANDAKUMARA PAI, NINDASEALTH, KUZHUPPILLY, AYYAMPILLY P.O., PIN 682 501. BY ADV. SRI.RAJU G. SHENOI CRMC. 292/2009 RESPONDENT(S): COMPLAINANTS/ STATE ------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SOUMYA, AGED 24 YEARS, D/O. MURALEDHARA SHEONAY, THIRUVATHIRA HOUSE, FORT ROAD, PARAVOOR, ERNAKULAM DIST. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 292 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2009 O R D E R The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 498A I.P.C. The F.I.R. has been registered on the basis of the allegations raised by the second respondent, who is the wife of the first petitioner. Petitioners 2 to 5 are the relatives of the first petitioner. Investigation is in progress. Final report has not so far been filed, it is submitted. 2. At this juncture, the petitioners and the second respondent have come before this Court to apprise this court of the fact that the parties have settled all their outstanding disputes and the second respondent has compounded the offences allegedly committed by the petitioners. 3. The second respondent has entered appearance through counsel and has filed an affidavit duly attested to confirm such settlement/composition. Crl.M.C.No. 292 of 2009 2 4. Notice was given to the learned Prosecutor. Learned counsel for the petitioners and the second respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the extra ordinary inherent jurisdiction as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution surviving against the petitioners. In the absence of opposition it is not necessary for me to advert to facts in any greater detail. 4. In the result: a) This Crl.M.C. is hence allowed. b) Crime No.260 of 2008 of the Kalamasserry police station registered at the instance of the second respondent against the petitioners for offences punishable, inter alia, under Section 498A I.P.C. and all action taken in pursuance of such F.I.R. registered is hereby quashed. (R. BASANT) Judge tm