IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2362 of 2008() ------------------------- CC.56/2007 of JUDL.MAGISTRATE OF FIRST CLASS, PARAVUR .................... PETITIONERS: --------------- 1. JOY, AGED 40, S/O.MATHEW, VALIYAVEETTIL KODUVAZHANGA KARA, ALANGAD VILLAGE, NOW RESIDINGAT KURUPUSSERY HOUSE, KARUKUNNU BHAGAM, VELIYATHUNAD KARA,KARUMALOOR VILLAGE 2. ALIYAMMA, 44 YEARS, W/O.KOSHY, RESIDING AT KURUPUSSERY HOUSE, KARUKUNNU BHAGAM, VELIYATHUNAD KARA, KARUMALOOR VILAGE BY ADV. SRI.JAISON JOSEPH SRI.V.M.SAJAN RESPONDENTS: ---------------- 1. JESSY, 30 YEARS, D/O.JOSEPH, PALLIYARADIYIL HOUSE VETTUKATTUKARA, PUTHOOR VILLAGE,TRISSUR 2. STATE OF KERALA, TREP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY ADV. SRI.RANJITH XAVIER FOR R1 PUBLIC PROSECUTOR, SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 2362 OF 2008 ----------------------------------------------- Dated this the 27th day of June, 2008 O R D E R The petitioners faced indictment in a prosecution for offences punishable under Section 498 A read with Section 34 IPC. The 1st petitioner is the husband of the defacto complainant, the 1st respondent herein. The 2nd petitioner is the sister of the 1st petitioner. The crime has been registered on the basis of a complaint filed before the Magistrate and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. 2. At this stage, the petitioners along with the 1st respondent has come before this Court to apprise this court of the fact that the disputes between them have been settled and the 1st respondent has compounded the offences allegedly committed by the petitioners. Counsel for the 1st respondent submits that the 1st respondent is the defacto complainant and that she has settled the dispute and compounded the offences allegedly committed by the petitioners against her. Parties have decided and have already Crl.M.C. No. 2362 OF 2008 2 filed a joint application for dissolution of marriage. In these circumstances it is prayed that, the settlement of the dispute may be taken note of and accepting the composition, premature termination of proceedings may be brought about. 3. Notice was given to the learned Prosecutor. No objection is raised against the grant of the prayer by the Prosecutor. I am satisfied from the materials placed before me and also the submissions of the learned counsel for the rival contestants that disputes have been settled voluntarily and genuinely by the parties and the 1st respondent has compounded the offences allegedly committed against her by the petitioners. 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 relied on the decisions in B.S.Joshi Vs. State of Haryana [AIR 2003 SC 1386] and Madam Mohan Abbot V. State of Punjab [2008 AIR SCW 2287]. I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C, as entitled by the dictum in Crl.M.C. No. 2362 OF 2008 3 B.S. Joshi (supra) and Madan Mohan Abbot (supra), can be invoked and proceedings against the petitioners may be terminated. In the result: a) This Crl.M.C is allowed. b) CC No.56/07 pending before JFCM, N.Parur against the petitioners is hereby quashed. R. BASANT, JUDGE ttb Crl.M.C. No. 2362 OF 2008 4 Crl.M.C. No. 2362 OF 2008 5