IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Crl.MC.No. 3917 of 2008() ------------------------------------- CRIME NO.97/2007 OF CHEVAYUR POLICE STATION. .... PETITIONER(S): ACCUSED 1 AND 2 ------------------------- 1. ANOOP, AGED 36 YEARS, S/O. PUSHPAVALLY AMMA, VENGAT THAZHATH, CHEVAYUR AMSOM, DESOM, P.O. CHEVAYUR. KOZHIKODE TALUK. 2. PUSHPAVALLY AMMA, D/O. MEENAKSHI AMMA, VENGAT THAZHATH, CHEVAYUR AMSOM, DESOM, P.O. CHEVAYUR. KOZHIKODE TALUK. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT AND STATE -------------------------- 1. BABY, AGED 33 YEARS, D/O. NARAYANAN NAIR, AYINIKKUNNUMMAL, THAZHEKKODE AMSOM DESOM, P.O. MAMPETTA, KOZHIKODE TALUK. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SMT.N.S.REHNA FOR R1 BY PUBLIC PROSECUTOR SRO.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3917 OF 2008 ----------------------------------------------- Dated this the 24th day of October, 2008 O R D E R Petitioners face indictment in a prosecution for offences punishable under Section 498 A IPC. They are the husband and mother-in-law respectively of the defacto complainant, who is arrayed as the 1st respondent in this Crl.M.C. Investigation is complete. Final report has already been filed and cognizance has been taken by the learned Magistrate. At this juncture, the spouses have settled all their outstanding disputes. The defacto complainant/1st respondent has compounded the offences allegedly committed by the petitioners herein. In these circumstances the petitioners and the 1st respondent who have appeared before Court through counsel pray that the settlement and composition may be accepted and the prosecution against the petitioners may be quashed. 2. The 1st respondent has entered appearance through counsel. She along with the petitioners has filed a proper application for composition duly counter signed by the counsel for the contestants. Marital tie has been agreed to be dissolved and Crl.M.C. No. 3917 OF 2008 -:2:- all outstanding disputes have been settled, it is submitted. 3. Learned counsel for the petitioners and the 1st respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that in the light of the settlement and composition, the extraordinary inherent jurisdiction under Section 482 Cr.P.C can be invoked and proceedings can be brought to premature termination as enabled by the dictum in B.S.Joshi Vs. State of Haryana [AIR 2003 SC 1386] . 4. In the result: a) This Crl.MC is allowed. b) CC No.271/07 pending before the JFCM-I Kozhikode against the petitioners in which the 1st respondent is the defacto complainant is hereby quashed. c) Needless to say the proceedings, if any pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of by the learned Magistrate in accordance with law. R. BASANT, JUDGE ttb Crl.M.C. No. 3917 OF 2008 -:3:- Crl.M.C. No. 3917 OF 2008 -:4:- Crl.M.C. No. 3917 OF 2008 -:5:-