IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3796 of 2008() ------------------------- PETITIONER(S): DEFACTO COMPLAINANT ---------------------------------- P.SHINIMOL @ SHINU, D/O.OMANA, KALIYIL HOUSE, KALLAMKONAM, VARKALA. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): ACCUSED 1 - 3 AND STATE -------------------------------------- 1. V.P.JAYAKUMAR, SREENARAYANA MANDIRAM, THOTTAKAM VAIKKOM. 2. SANTHA, SREENARAYANA MANDIRAM, THOTTAKAM, VAIKKOM. 3. JESSY, SREENARAYANA MANDIRAM, THOTTAKAM, VAIKKOM. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3796 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioner is the de facto complainant in crime No.364/08 of Vaikom police station. That crime was registered on the basis of a private complaint filed by the petitioner before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. Investigation is not yet complete. Respondents 1 to 3 are accused in the crime registered. They are the husband, mother-in-law and sister-in-law respectively of the petitioner. 2. At this juncture, the parties have settled their disputes, it is submitted. The marital tie has been agreed to be dissolved by a joint application by the spouses. The petitioner has settled her disputes with the respondents/accused and she has compounded the offences allegedly committed by the petitioners. In these circumstances, it is prayed that settlement may be taken note of and the composition may be accepted. Notwithstanding the fact that the offence under Section 498A I.P.C is not compoundable, powers under Section 482 Cr.P.C as Crl.M.C.No.3796/08 2 enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] may be invoked to bring to premature termination the proceedings against the respondents/accused, it is prayed. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. The learned counsel for the petitioner vouches for the identity of the petitioner. An affidavit duly attested by the counsel has been produced to confirm that the petitioner has compounded the offence allegedly committed by the respondents. 3. I am satisfied, in these circumstances, that this is an eminently fit case where following the dictum in B.S.Joshi (Supra) powers under Section 482 Cr.P.C can be invoked to bring to premature termination the criminal proceedings initiated against the respondents/accused. 4. In the result, a) This Crl.M.C is allowed. b) Crime No.364/08 of Vaikom police station under Section 498A read with 34 I.P.C against respondents 1 to 3 is hereby quashed. Crl.M.C.No.3796/08 3 (R.BASANT, JUDGE) jsr Crl.M.C.No.3796/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008