IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Crl.MC.No. 4681 of 2008() ------------------------- CC.465/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY .................... PETITIONER(S): --------------- 1. ABDUL KAREEM, S/O.V.H.KASIM, VALIYAVEETTIL HOUSE, ENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 2. KHADEEJA, W/O.V.H.KASIM, VALIYAVEETTIL HOUSE, ENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 3. V.H.KASIM, S/O.HAMSA, VALIYAVEETTIL HOUSE, ENGAPUZHA AMSOM, MALAPPURAM DESOM, KOZHIKODE TALUK. 4. ABDUL GAFOOR, S/O.AHAMMED KUTTY, MAKKATTUPOYIL HOUSE, ELETTIL AMSOM, AVILORA, KOZHIKODE DISTRICT. 5. NAFEESA, W/O.ABDUL GAFOOR, MAKKATTUPOYIL HOUSE, ELETTIL AMSOM, AVILORA, KOZHIKODE DISTRICT. BY ADV. SRI.M.C.ANTONY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PYASA, D/O.T.A.RAHMAN, THALANJERY HOUSE, PADMASADAN COMPOUND, PANNIYANKARA AMSOM DESOM, THIRUVANNOOR, KOZHIKODE TALUK. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.KURIAKOSE.J.THEKKEL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4681 of 2008 ------------------------------------- Dated this the 10th day of December, 2008 ORDER Petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 498 A I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The 2nd respondent herein is the defacto complainant/victim in that prosecution. The 1st petitioner is the husband of the 2nd respondent and petitioners 2 to 5 are the relatives of the 1st petitioner. Final report has already been filed. Cognizance has been taken. Trial has not commenced so far. 2. At this stage, the petitioners and the 2nd respondent have come before this Court through their counsel to apprise this Court of the fact that the dispute between them have been settled and the 2nd respondent has compounded all offences allegedly committed by the petitioners. The learned counsel for the 2nd respondent confirms such settlement. Annexure-B agreement between parties has been produced to confirm that the matter has been settled and the offences have been compounded. Crl.M.Appl.No.6857 of 2008 has been filed by the Crl.M.C. No.4681 of 2008 2 petitioners and the 2nd respondent duly countersigned by their respective counsel to confirm such settlement/composition. 3. The learned counsel for the petitioners and the 2nd respondent pray, the learned Public Prosecutor after taking instructions 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.Joshy v. State of Haryana [A.I.R (2003) SC 1386] can safely be invoked to bring to premature termination the prosecution against the petitioners which has now become irrelevant and unnecessary. 4. In the result: a) This Crl.M.C is allowed; b) C.C.No.465 of 2008, pending before the learned Judicial Magistrate of the First Class, Thamarassery, in which the petitioners are the accused and the 2nd respondent herein is the defacto complainant, is hereby quashed; c) Needless to say, proceedings, if any, pending against the petitioners and their sureties, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-