IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1381 of 2009() ------------------------- CC.84/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): PETITIONERS. --------------------------- 1. V.V.SUDHESAN, AGED 46 YEARS, S/O. VASUDEVAN, VALIYAKALAYIL HOUSE, KUMBAZHA, PATHANAMTHITTA. 2. SMITHA, AGED 26 YEARS, D/O. SYAMAPRASAD, KALAYIL VEEDU, KUMBAZHA, PATHANAMTHITTA. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU RESPONDENT(S): RESPONDENTS. --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PRASEENA, AGED 35 YEARS, D/O. SULOCHANA, PUTHENVEEDU, ATHUMBUMKULAM, P.O.KORATTY. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- Crl.M.C.No.1381 OF 2009 -------------------------- Dated this the 28th day of April 2009 ------------------------------------- O R D E R This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure A1 complaint and proceedings in C.C.No.84/08 pending before the Chief Judicial Magistrate Court, Pathanamthitta. Notice being given, the 2nd respondent/the de facto complainant in the above petition has entered appearance through counsel. Petitioners are prosecuted for the offence under Section 494 read with 34 I.P.C. Parallel proceedings are pending before the Family Court, Thiruvalla and pursuant to mediation, disputes between the partner are settled and a joint compromise petition has been filed before that court in which the de facto complainant has agreed to withdraw the criminal case pending before the Crl.M.C.No.1381/2009 2 Magistrate, is the case of the petitioners for the reliefs claimed in the petition. 2. I heard the learned counsel on both sides. The application is opposed by the learned counsel for the 2nd respondent/complainant contending that terms of the compromise entered into have not been fulfilled by the petitioners and so much so there is no merit in the prayer for quashing the criminal case on the basis of the compromise petition filed by the petitioners. Evidently, dispute as between the parties over the compromise entered into as to whether the terms thereunder have been complied with, still survive and as such it is not proper for this court to have an enquiry over that matter which is still awaiting consideration before the family court. In the facts and circumstances involved, the petitioners are not entitled to invoke the inherent powers of this court for quashing the complaint and the Crl.M.C.No.1381/2009 3 proceedings in the criminal case pending before the Chief Judicial Magistrate Court, Pathanamthitta. 3. Petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE jsr