IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Crl.MC.No. 1431 of 2008() ------------------------- CC.540/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- VIJAYA RAGHAVAN, S/O.PERAVAKUTTY, AGED 46 YEARS, PAYYERI VEEDU, BEYPORE AMSOM DESOM, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANTS ------------------------- 1. BINDU, D/O.KUNJIRAMAN, ANJALI, P.O.GURUVAYOORAPPAN COLLEGE, KOZHIKODE. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BEYPORE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.SAKIR.K.H. R2 BY PUBLIC PROSECUTOR, SRI.K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 1431 OF 2008 ----------------------------------------------- Dated this the 27th day of May, 2008 O R D E R The petitioner is the first accused in a prosecution for offences punishable inter alia under Section 498 A IPC. The other accused have already been tried, found not guilty and acquitted. Petitioner is the husband of the defacto complainant who is arrayed as the 1st respondent. The petitioner and the first respondent have now come before this Court with a request that the prosecution against the petitioner which is now pending in CC No.540/2007 may be quashed accepting the composition of the offences and settlement of the disputes between them. 2. The petitioner and the first respondent have appeared through counsel. They have filed a compounding petition to report composition. Though the offences are not compoundable, I am satisfied that following the dictum in B.S.Joshi Vs. State of Haryana [AIR 2003 SC 1386], the prayer to quash the proceedings may be accepted. The learned Public Prosecutor does not oppose the said prayer. Crl.M.C. No. 1431 OF 2008 2 3. In the result, this Crl.M.C is allowed and CC No.540/07 pending before the JFCM Court V, Kozhikode is hereby quashed. R. BASANT, JUDGE ttb Crl.M.C. No. 1431 OF 2008 3 Crl.M.C. No. 1431 OF 2008 4