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. 3277 of 2008() ------------------------- CC.525/2007 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM CRIME NO.296/05 OF VANCHIYOOR POLICE STATION .................... PETITIONER(S): --------------- 1. M. SURESH, S/O.P.A. MANI, ASWATHY, PKLRA 53A, PARAKKUDY LANE, PETTA, THIRUVANANTHAPURAM, NOW WORKING IN GULF REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND FATHER MR.P.A. MANI, AGED 72, RESIDING -DO- 2. P.A. MANI, RESIDING AT ASWATHY, PKLRA 53A, PARAKKUDY LANE, PETTA, THIRUVANANTHAPURAM, AGED 72. 3. CHANDRIKA, W/O.P.A. MANI, RESIDING AT ASWATHY, PKLRA 53A, PARAKKUDY LANE, PETTA, THIRUVANANTHAPURAM. 4. M. RAJESH, S/O. P.A. MANI, RESIDING AT ASWATHY, PKLRA 53A, PARAKKUDY LANE, PETTA, THIRUVANANTHAPURAM. BY ADV. SMT.K.KUSUMAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.S. NEENA, D/O. SASIDHARAN, DARSANA, HSRA - A 57, KALADY, KARAMANA.P.O, THIRUVANANTHAPURAM-695002. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.K.T.SHYAMKUMAR FOR R2 SRI.R.NARENDRAN NAIR FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3277 of 2008 ------------------------------------- Dated this the 10th day of December, 2008 ORDER Petitioners face indictment in a prosecution for the offence punishable under Section 498 A r/w 34 I.P.C. 1st petitioner is the husband of the defacto complainant, ie. the 2nd respondent herein. Petitioners 2, 3 and 4 are relatives of the 1st petitioner. Cognizance was taken on the basis of a final report submitted by the police after due investigation. The crime in turn was registered on the basis of a private complaint filed before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Cognizance has been taken. Trial has not commenced. 2. At this juncture, the petitioners and the 2nd respondent have come before this Court to apprise this Court of the fact that parties have willingly and voluntarily settled all their outstanding disputes and the 2nd respondent has compounded the offences allegedly committed by the petitioners. An affidavit has been filed by the 2nd respondent to confirm such settlement/composition. The 2nd respondent has appeared through counsel and the counsel also confirms such settlement/composition. Crl.M.C. No.3277 of 2008 2 3. The learned counsel for the petitioners and the 2nd 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 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 irrelevant and unnecessary prosecution surviving against the petitioners. 4. In the result: a) This Crl.M.C is allowed; b) C.C.No.525 of 2007 pending before the Additional Chief Judicial Magistrate, Thiruvananthapuram, wherein the petitioners are accused who face allegations under Section 498 A r/w 34 I.P.C and the 2nd respondent is the defacto complainant, is hereby quashed. c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-