IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Crl.MC.No. 1997 of 2008() ------------------------- CC.464/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PARAPPANANGADI CRIME NO.179/04 OF TIROORANGADI POLICE STATION .................... PETITIONER: ACCUSED ------------------- 1. SUNIL KUMAR K.G., S/O.GANGADHARAN KARINGATTIL VADAKKETHIL HOUSE, ANGADIKAL SOUTH P.O CHENGANNOOR, ALAPPUZHA DISTRICT 2. GANGADHARAN KARINGATTIL VADAKKETHIL HOUSE, ANGADIKAL SOUTH P.O CHENGANNOOR, ALAPPUZHA DISTRICT 3. LEELAMMA, W/O.GANGADHARAN KARINGATTIL VADAKKETHIL HOUSE, ANGADIKAL SOUTH P.O CHENGANNOOR, ALAPPUZHA DISTRICT 4. JOE MON, S/O.GANGADHARAN KARINGATTIL VADAKKETHIL HOUSE, ANGADIKAL SOUTH P.O CHENGANNOOR, ALAPPUZHA DISTRICT 5. PRAMEELA KARINGATTIL VADAKKETHIL HOUSE, ANGADIKAL SOUTH P.O CHENGANNOOR, ALAPPUZHA DISTRICT 6. LITTY KARINGATTIL VADAKKETHIL HOUSE, ANGADIKAL SOUTH P.O CHENGANNOOR, ALAPPUZHA DISTRICT BY ADV. SRI.DILIP MOHAN RESPONDENTS: STATE & DEFACTO COMPLAINANT ---------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. STATION HOUSE OFFICER TIROORANGADI POLICE STATION 3. VINITA MANAMMAL, D/O.VELAYUDHAN SREE VARNAM, A.R.NAGAR P.O., CHENDAPPURAYA MALAPPURAM DISTRICT BY ADV. SRI.ALEXANDER GEORGE FOR R3 PUBLIC PROSECUTOR SRI.K.C.SANTHOSH KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1997 of 2008 ------------------------------------- Dated this the 23rd day of May, 2008 ORDER Petitioners face indictment in a prosecution for offences punishable under Section 498 A r/w 34 I.P.C. They are the husband of the 3rd respondent and the relatives of the husband. They are allegedly guilty of matrimonial cruelty of the culpable variety. The crime has been registered on the basis of a private complaint filed by the 3rd respondent which was referred to the police under Section 156(3) Cr.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. A Calendar Case is pending before the learned Magistrate now. 2. At this stage, the parties have settled their disputes, it is reported. The petitioner along with the 3rd respondent have approached this Court and it is reported that all their outstanding disputes have been settled and an agreement to effect divorce has been entered into. The same is produced as Annexure-III. In the said agreement, both the 1st petitioner and the 3rd respondent have signed. All the outstanding disputes have been settled. Both the parties are before this Court through counsel Crl.M.C. No.1997 of 2008 2 and the counsel confirm that such disputes have been settled genuinely and amicably. 3. In these circumstances, the petitioners and the 3rd respondent make a joint request before this Court that the powers under Section 482 Cr.P.C may be invoked and the proceedings against the petitioners may be quashed. 4. The offence under Section 498 A I.P.C is not compoundable. But the decision in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] is authority for the proposition that in the peculiar facts and circumstances of the case, the powers under Section 482 Cr.P.C can be invoked to bring to premature termination a prosecution under Section 498 A I.P.C. The parties having settled their disputes and the disputes being purely a personal one between the parties, I am satisfied that the prayer to quash the proceedings can be accepted. 5. In the result: i) This Crl.M.C is allowed; ii) C.C.464 of 2006 pending before the Judicial Magistrate of the First Class against the petitioners is hereby quashed. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.1997 of 2008 3