IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4247 of 2008() ---------------------------------- CC.403/2005 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ----------------- SHILI, AGED 21 YEARS, D/O. LATE THEKKEDAN GOVINDAN, KANAKKITHODI HOUSE, KOKKIVALAVU, P.O. FAROOQ COLLEGE, FEROKE, KOZHIKODE. BY ADV. SRI.MANJERI S. SUNDERRAJ RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, FEROKE POLICE STATION, CRIME NO. 213 OF 2005, FEROKE, KOZHIKODE, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUJITH, AGED 26 YEARS, S/O. ALAMPATTA VELAYUDHAN, ALAMPATTA HOUSE, NALLUR.P.O, FEROKE, KOZHIKODE. 3. ALAMPATTA VELAYUDHAN, AGED 60 YEARS, ALAMPATTA HOUSE, NALLUR.P.O, FEROKE, KOZHIKODE. 4. VASANTHA, AGED 54 YEARS, W/O. ALAMPATTA VELAYUDHAN, ALAMPATTA HOUSE, NALLUR.P.O, FEROKE, KOZHIKODE. 5. ANAND, AGED 24 YEARS, S/O. ALAMPATTA VELAYUDHAN, ALAMPATTA HOUSE, NALLUR.P.O, FEROKE, KOZHIKODE. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SRI.JOHNY SEBASTIAN FOR R2 SMT.K.K.PREETHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4247 of 2008 ------------------------------------------------- Dated this the 14th day of November, 2008 ORDER Respondents 2 to 5 face indictment in a prosecution for offences punishable, inter alia, under Sec.498A IPC. Investigation is complete. Final report has already been. Cognizance has been taken. Calendar Case has been registered. Trial has not commenced. 2. The crux of the allegations in the said Calendar Case is that respondents 2 to 5 herein are guilty of the said offences against the petitioner herein. The petitioner is the wife of the 2nd respondent. Respondents 3 to 5 are the relatives of the 2nd respondent. 3. The petitioner has now come to this Court along with respondents 2 to 5 to apprise this Court of the fact that all outstanding disputes between them have been settled and the Crl.M.C. No.4247 of 2008 -: 2 :- petitioner has compounded the offences allegedly committed by respondents 2 to 5 against her. The spouses have decided harmoniously to separate and they have already moved the court concerned for dissolution of the marriage by mutual consent. 4. Notice given to the learned Public Prosecutor. The learned Public Prosecutor raises no objection. Annexure-A4 agreement has been produced to confirm that the disputes between the parties have been settled. Statements have been filed by the petitioner and respondents 2 to 5 to confirm such composition/settlement. 5. The offences alleged include non-compoundable offences. But the learned counsel for the petitioner and respondents 2 to 5 pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring premature termination the unnecessary and irrelevant prosecution against respondents 2 to 5. 6. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.403/05 pending before the learned Judicial Crl.M.C. No.4247 of 2008 -: 3 :- Magistrate of the First Class-V, Kozhikode, in which the petitioner is the de facto complainant and respondents 2 to 5 are the accused is hereby quashed. (c) Needless to say, the proceedings, if any, pending against the petitioner and the sureties under Sec.446 Cr.P.C. shall be disposed of by the learned Magistrate in accordance with law. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge