IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Crl.MC.No. 4432 of 2008() ------------------------- CC.357/2008 of J.F.C.M-V, KOZHIKODE CRIME NO.57/08 OF MARAD POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- 1. SULFIKAR, AGED 35 YEARS, S/O.AHAMMED, NAINAMVALAPPIL, PALLIKKANDY, KOZHIKODE DISTRICT. 2. SIYAB, AGED 28 YEARS, S/O.MAMMED KOYA, K.K.HOUSE, NAINAMVALAPPU,KOTHI ROAD KALLAI P.O.,KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): --------------- 1. N.P.HABEBA, D/O.HAMSAKOYA, THAHIRA MANZIL, BEYPORE AMSOM, ARALOMAR DESOM,KOZHIKODE DISTRICT. 2. THAHIRA, W/O. HAMSAKOYA, THAHIRA MANZIL, BEYPORE AMSOM, ARAKINAR DESOM, KOZHIKODE DISTRICT. 3. MAIMOONA, D/O.HAMSAKOYA, THAHIRA MANZIL, BEYPORE AMASOM, ARAKINAR DESOM, KOZHIKODE DISTRICT. 4. RUKSANA, D/O.MAIMOONA, THAHIRA MANZIL, BEYPORE AMSOM, ARAKINAR DESOM, KOZHIKODE DISTRICT. 5. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.P.K.NIJOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4432 of 2008 ------------------------------------- Dated this the 25th day of November, 2008 ORDER Petitioners are accused 1 and 2 in a prosecution for offences punishable, inter alia, under Section 452 I.P.C. All other offences are compoundable offences. Respondents 1 to 4 are the wife of the 1st petitioner, her sisters and a niece of hers. 1st petitioner had allegedly contracted one more marriage while his marriage with the 2nd respondent was in existence. The 2nd petitioner is a friend of the 1st petitioner. The petitioners/accused, who are friends, had allegedly trespassed into the residential building occupied by and in the possession of respondents 1 to 4 and had allegedly committed the alleged offences. 2. The petitioners and respondents 1 to 4 are now before court through their counsel to confirm that the disputes between them have been settled. Respondents 1 to 4 have compounded the offences allegedly committed by the petitioners. The matrimonial dispute has been settled harmoniously. The spouses are happily residing together, it is submitted. Respondents 1 to 4 have appeared through counsel and they along with the petitioners have filed a joint application for composition duly countersigned by their respective counsel. Crl.M.C. No.4432 of 2008 2 3. Offence under Section 452 I.P.C is not compoundable. But the learned counsel for the petitioners and respondents 1 to 4 pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19], Nikhil Merchant v. C.B.I [2008(3) KLT 769 (SC)] and Manoj Sharma v. State [2008 (4) KLT 417 (SC)] can safely be invoked to bring to premature termination the prosecution against the petitioners, which has now turn out to be unnecessary and irrelevant. 4. In the result: a) This Crl.M.C is allowed; b) C.C.No.357 of 2008 pending before the Judicial Magistrate of the First Class-V, Kozhikode, in which respondents 1 to 4 are the alleged victims, 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/- Crl.M.C. No.4432 of 2008 3