IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 361 of 2009() ------------------------ CRIME NO. 28/2008 OF NILESHWAR POLICE STATION CC.671/2008 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED 1 TO 5 ----------------------------- 1. K.M.C.ABDUL AZEEZ, S/O.ABDUL RAHIMAN, THAIKKADAPPURAM,NILESHWAR VILLAGE. 2. K.M.C.KUNHAMI, W/O ABDUL RAHIMAN, THAIKKADAPPURAM,NILESHWAR VILLAGE. 3. K.M.C.FATHIMA, D/O.K.M.C.KUNHAMI, THAIKKADAPPURAM,NILESHWAR VILLAGE. 4. K.M.C.KHADEEJA, D/O ABDUL RAHIMAN, THAIKKADAPPURAM, NILESHWAR VILLAGE. 5. K.M.C.ABOOBACKER,S/O BEEFATHIMA, THAKKADAPPURAM, NILESHWAR VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATE OF KERALA REP.BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KHADEEJA ANEHILATH, D/O LATE AHAMMAD, BEECHARAKKADAVU, P.O.PADNAKKADAPPURAM, PADNE VILLAGE. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM ADV. SMT.V.RENJU FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 361 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2009 O R D E R The petitioners face indictment in a prosecution under Section 498A I.P.C. Cognizance was taken on the basis of a final report submitted by the police after due investigation in a crime. That crime in turn was registered on the basis of a private complaint filed by the second respondent before the learned Magistrate and forwarded by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is complete. Trial has not commenced. The petitioners are the husband and relatives of the defacto complainant, who is arrayed as the second respondent in this petition. 2. The petitioners and the second respondent have now come before this Court to apprise this Court of the fact that the parties have settled all their outstanding disputes and the second respondent has compounded the offences allegedly committed by the petitioners. The first petitioner and the second respondent Crl.M.C.No. 361 of 2009 2 have now decided harmoniously to terminate the marital tie in accordance with law. 3. Notice was given to the learned Prosecutor, who does not oppose the application. The second respondent has entered appearance through counsel and has filed an affidavit duly attested by the counsel to confirm such settlement/composition. 5. Learned counsel for the petitioners and the second respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the extra ordinary inherent jurisdiction as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring to premature termination the unnecessary, irrelevant and superfluous prosecution surviving against the petitioners. 6. In the result: a) This Crl.M.C. is hence allowed. b) C.C.671 of 2008 pending before the J.F.M.C.-II, Hosdurg, in which the petitioners are the accused and the second respondent, the defacto complainant, is hereby quashed. Crl.M.C.No. 361 of 2009 3 c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioners and their sureties shall be disposed of in accordance with law. (R. BASANT) Judge tm