IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.MC.No. 1237 of 2004 CC.543/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY PETITIONER: ACCUSED: 1. NABEESA, W/O. MAMU, THELAMPURAM HOUSE, KAKKAVAYAL, THANNIPPARA, ENGAPUZHA, KOZHIKODE. 2. MAMU, S/O. KUNJIBAVA, RESIDING DO. 3. EBRAHIM, S/O. MAMU, RESIDING DO. 4. FATHIMA, D/O. MAMU, RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: 1. SAHIRA, D/O. M.T.C. MOOSA, SRAMBIKUNNUMMAL HOUSE, ENGAPUZHA, ODUNGAKKAD, KOZHIKODE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.M.FIROZ R2 BY PUBLIC PROSECUTOR SRI.S.DILEEP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.APPEAL NO.5434/2004 IN CRL.M.C.NO.1237/2004 DISMISSED 11/03/2008 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- Crl.M.C. NO. 1237 OF 2004 D -------------------------------------------- Dated this the 11th March, 2008 O R D E R The petitioners, accused Nos.2 to 5 in C.C.No.543 of 2003, on the file of the Court of the Judicial Magistrate of First Class I, Thamarassery, have filed this Criminal Miscellaneous Case praying to quash Annexure I complaint dated 24.12.2003. The petitioners are respectively the mother-in-law, father-in-law, brother-in-law and sister-in-law of the first respondent complainant. The offence alleged against the petitioners is under Section 498A read with Section 34 of the Indian Penal Code. After the Criminal Miscellaneous Case was argued in part, the case was being adjourned on several occasions at the request of the parties for settling the dispute between them. A joint petition dated 6.2.2008 is filed wherein it is stated that the disputes between the parties have been amicably settled out of Court and that the first respondent complainant has no grievance. 2. Though the offence under Section 498A is not compoundable and therefore Section 320 of the Code of Criminal Procedure as such may not apply, in view of the decision of the Supreme Court in B.S.Joshi and others v. State of Haryana and another ((2003) 4 SCC 675) and also in CRL.M.C. NO.1237 OF 2004 D :: 2 :: the facts and circumstances of the case, I am of the view that the jurisdiction under Section 482 of the Code of Criminal Procedure can be exercised to quash the complaint in the case. Accordingly, the Criminal Miscellaneous Case is allowed and Annexure I complaint as well as the proceedings in C.C.No.543 of 2003 on the file of the Court of the Judicial Magistrate of the First Class I, Thamarassery are quashed. (K.T.SANKARAN) Judge ahz/