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. 4679 of 2008() --------------------------------------- C.C.NO.206/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOZHIKODE. ...... (CRIME NO.28/2007 OF NALLALAM POLICE STATION) PETITIONER(S): ACCUSED NO.1-3: ---------------------------------------------------- 1. MUSTHAFA, S/O. MUHAMMED KOYA, B.B.S COLONY, THAHANI(H)MUNDOPADAM, AREEKAD, KOZHIKODE DISTRICT. 2. ASMA, W/O SAKEER, B.B.S.COLONY, THAHANI(H), MUNDOPADAM, AREEKAD, KOZHIKODE DIST. 3. IMBICHAMINA, W/O MUHAMMAD KOYA, B.B.S.COLONY, THAHANI(H),MUNDOPADAM, AREEKAD, KOZHIKODE DISTRICT. BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MEHARUNEEZA, D/O. MOOSAKKAYA, B.K.HOUSE, MANJALAM PARAMBU, CHAKKUMKADAVU, PANNIYAMKARA AMSOM, KOZHIKODE DISTRICT. *ADDL.R3 IS IMPLEADED: R3. RAISAD, S/O.MUSTHAFA, B.K.HOUSE, MANJALAMPARAMBU, CHAKKUMKADAVU, PANNIYAMKARA AMSOM, KOZHIKODE DISTRICT. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 18/12/2008 IN CRL.M.A.NO.7050/2008) PUBLIC PROSECUTOR SRI. S.U.NAZAR FOR R1 ADV. SRI.K.S.ARUN KUMAR FOR R2&ADDL.R3 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.4679 of 2008 ---------------------------------------- Dated this the 18th day of December 2008 O R D E R Petitioners face indictment in a prosecution for offences punishable inter alia under Section 498A read with 34 I.P.C. The second respondent herein is the de facto complainant. She is the wife of the first petitioner. Petitioners 2 and 3 are the sister and mother of the first petitioner. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. During the pendency of the proceedings, the petitioners as well as the second respondent as also the additional 3rd respondent who is also one of the injured have settled their disputes. Respondents 2 and 3 have compounded the offences allegedly committed by the petitioners. Respondents 2 and 3 have entered appearance through counsel and filed affidavits to confirm that they have settled the disputes and compounded the offences alleged against petitioners 1 to 3. The spouses have resumed harmonious co-habitation, it is reported. Crl.M.C.No.4679/08 2 2. The learned counsel for the petitioners and respondents 2 and 3 pray, the learned Public Prosecutor does not oppose 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 petitioners. 3. In the result, a) This Crl.M.C is allowed. b) C.C.No.206/07 pending before the learned J.F.C.M-V, Kozhikode in which petitioners are the accused and respondents 2 and 3 are the victims is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4679/08 3 Crl.M.C.No.4679/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008