IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 Crl.MC.No. 2544 of 2008() ------------------------- PETITIONERS/ACCUSED: -------------------------- 1. MOHAMMED YASIR AGED 30 YEARS, S/O.ABDULLA KUTTY, NOOR MAHAL, MUKKADI, P.O.PONNANI NAGARAM, MALAPPURAM. 2. ABDULLA KUTTY AGED 60 YEARS, NOOR MAHAL, MUKKADI, P.O.PONNANI NAGARAM, MALAPPURAM. 3. BEEVATHU AGED 55 YEARS, W/O.ABDULLA KUTTY, NOOR MAHAL, MUKKADI, P.O.PONNANI NAGARAM, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SI OF POLICE PONNANI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SAMEERA, AGED 24 YEARS, SAMEERA MANZIL, NARIPARAMBU AMSOM, POTHANOOR DESOM, PRESENTLY RESIDING AT NARIPARAMPU AMSOM, POTHANOOR DESOM P.O., NARIPARAMBU, MALAPPURAM. R1 BY PUBLIC PROSECUTOR, SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2544 OF 2008 ----------------------------------------------- Dated this the 11th day of July, 2008 O R D E R The petitioners are the husband, father-in-law and mother- in-law respectively of the 2nd respondent, the defacto complainant, in crime No.421/2006. Allegations inter alia under 498 A IPC are raised in the crime. The crime was registered on the basis of a private complaint filed by the 2nd respondent before the learned Magistrate and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. During the pendency of the proceedings, the parties have settled all their disputes and the connected Revision Petition has already been dismissed as not pressed. Investigation is complete and final report has already been filed. Cognizance has been taken and the case is now pending as CC No.391/07 before the learned JFMC, Ponnani. 2. At this juncture the parties have settled their disputes, it is submitted. Divorce has been effected and marriage has been dissolved. All connected matters have been settled. They have no grievance against each other. The 2nd respondent has Crl.M.C. No. 2544 OF 2008 2 compounded the offences allegedly committed by the petitioners 1 to 3 against her. In these circumstances it is prayed jointly by the contestants that the prosecution may be quashed invoking the jurisdiction under Section 482 Cr.P.C. The agreement executed between the parties settling their disputes is produced as Annexure A2. Both counsel agree and confirm that their parties have signed in the original of Annexure A2 and that the disputes have been settled. I am satisfied from the totality of the circumstances that disputes have been settled and alleged offences have been compounded by the 2nd respondent. If legally possible and permissible, I am satisfied that composition can be accepted and premature termination of the proceedings can be brought about. 4. The offence punishable under Section 498 A is not legally compoundable. Counsel in these circumstances, rightly rely on the decision in B.S.Joshi Vs. State of Haryana [AIR 2003 SC 1386]. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C, as enabled by the dictum in B.S. Joshi (supra), can be invoked and proceedings against the petitioners may be terminated. Crl.M.C. No. 2544 OF 2008 3 In the result: a) This Crl.M.C is allowed. b) CC No.391/07 pending before JFCM, Ponnani against the petitioners is hereby quashed. R. BASANT, JUDGE ttb Crl.M.C. No. 2544 OF 2008 4 Crl.M.C. No. 2544 OF 2008 5