IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4734 of 2008() -------------------------------------- (CRIME NO.343/2008 OF KADAKKAL POLICE STATION) PETITIONER(S): 1ST ACCUSED: ------------------------------------------------- ANISH A.NAIR, S/O.ARAVINDAKSHAN PILLAI, ANISH BHAVAN, ALTHARA MOODU, KADAKKAL PO., KOLLAM. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. RAJALAKSHMI.V.R., D/O.RAJAN PILLAI, RAJI VISALAM, U.P.S.JUNCTION, CHADAYAMANGALAM PO.-691534., KOLLAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. *ADDL.R3 TO R5 ARE IMPLEADED: R3. NISHA.A.R., AGED 23 YEARS, WIFE OF SREEJU.M., MANGALATH VEEDU, AUGUSTIKODE, ANCHAL P.O., KOLLAM. R4. ARAVINDAKSHAN PILLAI, AGED 56 YEARS, S/O.LATE KUTTAN PILLAI, ANISH BHAVAN, ALTHARAMOODU, KADAKKAL P.O.,KOLLAM DISTRICT. R5. REMADEVI, AGED 53 YEARS, W/O.ARAVINDAKSHAN PILLAI, ANISH BHAVAN, ALATHARAMOODU, KADAKKAL P.O., KOLLAM DISTRICT. (*ADDL.R3 TO R5 ARE IMPLEADED AS PER ORDER DTD.18/12/2008 IN CRL.M.A.NO.7246/2008) BY PUBLIC PROSECUTOR SRI.GIKKU JACOB – R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- Crl.M.C.No.4734 of 2008 ---------------------------------------- Dated this the 18th day of December 2008 O R D E R The petitioner is the 1st accused and additional respondents 3 to 5 are accused 2 to 4 in a crime registered alleging the offence punishable under Sec.498A read with Sec.34 IPC. The crime has been registered on the basis of a private complaint filed by the 1st respondent herein before the learned Magistrate and referred to the police by the learned Magistrate under Sec.156(3) Cr.P.C. Investigation is in progress. Final report has not been filed. 2. At this juncture, the petitioner along with the 1st accused has come before this court to apprise this court of the fact that the parties have settled their disputes and the 1st respondent has compounded the offences allegedly committed by the petitioner herein and respondents 3 to 5 against her. An affidavit of the 1st respondent has been filed. She has entered appearance through counsel before this court. 3. The learned counsel for the petitioner and the 1st respondent pray, the learned Public Prosecutor does not oppose Crl.M.C.No.4734/08 2 the said prayer and I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioner and respondents 3 to 5 in crime No.343/08 of Kadakkal police station. It is reported that the dispute has been settled before the Lok Adalath and Annexures II and III awards were passed by the Lok Adalath. The spouses have put an end to the legal matrimony, it is submitted. 4. In the result, a) This Crl.M.C is allowed. b) Crime No.343/08 of Kadakkal police station in which the 1st respondent is the de facto complainant and the petitioner and respondents 3 to 5 are the accused is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.4734/08 3 Crl.M.C.No.4734/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008