IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Crl.MC.No. 4047 of 2008() ----------------------------------- C.C. NO.522/2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, THRISSUR. CRIME NO.176/2006 OF MANNUTHY POLICE STATION. .... PETITIONER(S): ACCUSED ---------------------- 1. JOHN, AGED 34 YEARS, S/O.KAKKASSERY MATHEW, MUKKATTU KARA DESOM, NETTISSERY VILLAGE, THRISSUR TALUK. 2. MARY, AGED 59 YEARS, W/O.MATHEW, MUKKATTU KARA DESOM, NETTISSERY VILLAGE, THRISSUR TALUK. 3. JOSHY, AGED 36 YEARS, S/O.MATHEW, MUKKATTU KARA DESOM, NETTISSERY VILLAGE, THRISSUR TALUK. 4. MIJI, AGED 29 YEARS, W/O.JOSHY, MUKKATTU KARA DESOM, NETTISSERY VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT(S): DEFACTO-COMPLAINANT & STATE ------------------------------ 1. VENTY, D/O.THIMITHY,THEKKEKKARA KALATHOTTUKARAN HOUSE, NETTISSERI VILLAGE, THRISSUR TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.REVIKRISHNAN FOR R1 BY PUBLIC PROSECUTOR SRI.AMJED ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4047 of 2008 ---------------------------------------- Dated this the 28th day of October 2008 O R D E R The petitioners face indictment in a prosecution for offences punishable inter alia under Section 498A read with 34 I.P.C. The first petitioner is the husband of the first respondent herein/de facto complainant. Petitioners 2 to 4 are the relatives of the first petitioner. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The petitioners and the first respondent have now come before this court to apprise this court of the fact that the petitioners and the first respondent have already settled all their outstanding disputes. An order of divorce has already been secured. They are residing separately. The first respondent has settled all her disputes and has compounded the offences allegedly committed by petitioners 1 to 4 against her. It is, in these circumstances, prayed that powers under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] may be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the first respondent. Crl.M.C.No.4047/08 2 2. The first respondent has entered appearance through counsel. She has filed an affidavit to confirm settlement/composition. The learned counsel for the first respondent vouches for the signature of the first respondent in the affidavit as also the fact of settlement of all outstanding disputes and composition by her. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not raise any objections. 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.Joshi (Supra) can and ought to be invoked to bring to premature termination the prosecution against the petitioners. 4. In the result, a) This Crl.M.C is allowed. b) C.C.No.522/2006 pending before the learned J.F.C.M-III, Thrissur against the petitioners in which the first respondent herein is the de facto complainant is hereby quashed. c) Needless to say, the proceedings, if any, pending against the petitioners and the sureties under Section 446 Cr.P.C shall be disposed of in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4047/08 3 Crl.M.C.No.4047/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008