IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 285 of 2009() ------------------------ CC.701/2004 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... PETITIONER(S): --------------- SREELATHA, 32 YEARS, D/O.NARAYANAN NAIR, VALLIL HOUSE, PARAMBIL PO., KOZHIKODE-12. BY ADV. SMT.K.K.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, VAZHAKKAD POLICE STATION, CRIME NO.74 OF 2004, MALAPPURAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. E.SASIKUMAR, AGED 39 YEARS, S/O.VALSALA AMMA AND LATE SREEDHARAN NAMBIAR IRIPPAMANNA HOUSE, PO.VAZHAYUR, VIA.RAMANATTUKARA, MALAPPURAM. BY P.P. SRI.P.A. SALIM. ADV. SRI.MANJERI SUNDERRAJ FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON 20/01/2009 PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 285 of 2009 ------------------------------------------------- Dated this the 20th day of January, 2009 ORDER The petitioner – a woman, is the de facto complainant/victim in a prosecution under Sec.498A IPC. Altogether, there are 3 accused persons. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The 2nd respondent is the husband of the petitioner and he is the 1st accused in the case. Accused 2 and 3 are the relatives of the 2nd respondent/husband. Trial has already commenced, it is reported by the learned counsel for the petitioner. 2. At this juncture, the petitioner, along with the 2nd respondent, has come to this Court to report to this Court that the spouses have settled all their outstanding disputes. It is specifically asserted that the petitioner/de facto complainant Crl.M.C. No. 285 of 2009 -: 2 :- has compounded the offences allegedly committed by all the three accused persons. She having compounded the offence, she is not now interested in further prosecuting the petitioner and other two accused. In these circumstances, it is prayed that the composition may be accepted and the proceedings against the petitioner and the co-accused pending before the court below may be quashed invoking the jurisdiction under Sec.482 Cr.P.C. 3. The petitioner and the 2nd respondent are represented by their counsel. They confirm that the disputes have been settled between the parties as per Annexure-3 agreement and that the petitioner now has not interested in prosecuting any one of the three accused she having settled the disputes with the 2nd respondent and the spouses having already resumed harmonious cohabitation. They have a six year old female child also, submit both counsel. 4. I am satisfied, in the facts and circumstances of this case, that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring to premature termination the prosecution against the 2nd respondent herein as also the other two co-accused. Crl.M.C. No. 285 of 2009 -: 3 :- 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.701/04 pending before the learned JFCM, Malappuram, against the 2nd respondent and two others in which the petitioner herein is the de facto complainant is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the accused persons and their sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 285 of 2009 -: 4 :-