IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4644 of 2008() ------------------------- CRIME NO.244/07 OF KATHIROOR POLICE STATION, THALASSERY PETITIONER(S): PETITIONERS -------------------------- 1. MOHAMMED ASLAM, S/O/FAKEER MOHAMMED, PUTHYKKUYDI HOUSE, VATTUMMEL,KOTTAYAMPOYIL.P.O., KANNUR DIST., KERALA STATE, SOUTH INDIA. 2. FAKEER MOHAMMED, AGED 60 YEARS, S/O.ABDULLA, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL.P.O., KANNUR DIST., KERALA STATE, SOUTH INDIA. 3. P.A.SHEREEFA, AGED 45 YEARS, D/O.ABUTTY, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL.P.O., KANNUR DIST., KERALA STATE, SOUTH INDIA. 4. C.P. BASHEER, AGED 39 YEARS, S/O.MUHAMMED, JASEELA MANZIL, MUZHUPPILANGADU. 5. ALIYAKATH ABDUL NAZIR, AGED 33 YEARS, S/O.K.P.UMMER, EDATHIL HOUSE, MOKHERI.P.O., KOTTAYAMPOYIL. 6. BUSHARA.P.A., AGED 30 YEARS, D/O.FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL.P.O., KANNUR DIST., KERALA STATE, SOUTH INDIA. 7. P.A.FATHIMATH SUHARA, AGED 31 YEARS, D/O.FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYMPOYIL.P.O.,KANNUR DIST., KERALA STATE, SOUTH INDIA. 8. MUMTAZ.P.A., AGED 22 YEARS, D/O.FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL.P.O., KANNUR DIST., KERALA STATE, SOUTH INDIA. 9. MUHAMMED FAIZAL, AGED 26 YEARS, S/O.FAKEER MUHAMMED, PUTHUKKUDI HOUSE, VATTUMMEL, KOTTAYAMPOYIL.P.O., KANNUR DIST., KERALA STATE, SOUTH INDIA. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): RESPONDENTS/STATE -------------------------------- 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KATHIROOR POLICE STATION, THALASSERY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JANOON ABDUL CADARGI, AGED 45 YEARS, D/O.CADARGE, HOLDER OF VALID SRILANKAN PASSPORT NO.M 1204025 RESIDING AT ABBASIYA, JELEEB-AL-SHOUYUK, CODE NO.85860, KUWAIT. ADV. SRI.SUNIL V.MOHAMMED FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No. of 2008 ---------------------------------------- Dated this the 28th day of November 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable under Sections 498A and 420 read with 34 I.P.C. They, it is alleged, are guilty of matrimonial cruelty of the culpable variety against the second respondent herein. The second respondent is the divorced wife of the first petitioner and petitioners 2 to 9 are the relatives of the first petitioner. The second respondent is a Sreelankan national. Crime is registered. Investigation is in progress. At this juncture, the petitioners and the second respondent have come before this court with the prayer that the crime registered against the petitioners may be quashed. It is submitted that the parties have settled all their disputes. The second respondent has compounded the offences allegedly committed by the petitioners. In these circumstances, the second respondent does not want to prosecute the case against the petitioners. The second respondent has entered appearance through counsel. An affidavit duly attested by counsel has been filed by the second respondent to confirm that the parties have settled their disputes, the spouses have separated and that the second Crl.M.C.No. /08 2 respondent has compounded all the offences allegedly committed by the petitioners. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against the quashing of the proceedings. The second respondent is represented by her counsel. The learned counsel vouches for the identity of the second respondent. 3. The learned counsel for the petitioners and the second 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 Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can safely be invoked to bring to premature termination all further proceedings in crime No.244/07 of Kathiroor police station, Thalassery. 4. In the result, a) This Crl.M.C is allowed. b) Crime No.244/07 of Kathiroor police station registered inter alia under Section 498A I.P.C at the instance of the second respondent herein against the petitioners herein is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No. /08 3 Crl.M.C.No. /08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008