IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Crl.MC.No. 2036 of 2008() ------------------------- CRIME NO.107 OF 2006 OF THE TOWN SOUTH POLICE STATION, PALAKKAD PETITIONER: DE-FACTO COMPLAINANT -------------------------------- V.LAKSHMY, D/O.VISWANATHAN, 'SNEHAM', MYTHRI NAGAR, PALAKKAD. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS: ACCUSED 1 TO 5 --------------------------- 1. RAGHURAMAN, S/O.NAGARAJAN, AGED 34, HOUSE NO.208, NAGAPPA NAGAR, CROM PAT, CHENNAI. 2. NAGARAJAN, AGED 67, HOUSE NO.208, NAGAPPA NAGAR, CROM PAT, CHENNAI. 3. VISALAM, W/O.NAGARAJAN, AGED 57, HOUSE NO.208, NAGAPPA NAGAR, CROM PAT, CHENNAI. 4. JAYARAMAN, S/O.NAGARAJAN, HOUSE NO.208, NAGAPPA NAGAR, CROM PAT, CHENNAI. 5. THYAGARAJAN, S/O.NAGARAJAN, HOUSE NO.208 NAGAPPA NAGAR, CROM PAT, CHENNAI. 6. STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY ADV. SRI.UNNI CHITTUPARAMBAN FOR R1 TO R5 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C No.2036 of 2008 ------------------------------------- Dated this the 28th day of May, 2008 ORDER Petitioner is the defacto complainant in a prosecution under Section 498 A I.P.C. Cognizance was taken on the basis of a final report filed by the police after due investigation. The matter is pending before the learned Magistrate. 2. At this stage, the petitioner/defacto complainant and the respondents (Accused 1 to 5) have come to this Court with a request that the powers under Section 482 Cr.P.C may invoked to quash the proceedings against respondents 1 to 5. It is submitted that the parties have settled their disputes amicably and have resumed co-habitation. A child has been born in the wedlock also, it is reported. 3. The offence punishable under Section 498 A I.P.C is not compoundable. However, the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] declares that in an appropriate case, powers under Section 482 Cr.P.C can be invoked to quash the proceedings against the accused persons when the parties have settled their disputes. Crl.M.C No.2036 of 2008 2 4. I am satisfied that this is an eminently fit case where the jurisdiction under Section 482 Cr.P.C can and ought to be invoked. 5. In the result: i) This Crl.M.C is allowed; ii) The prosecution initiated against the petitioners as per the final report submitted in Crime No.107 of 2006 of the Town South Police Station, Palakkad is hereby quashed. (R.BASANT, JUDGE) rtr/-