IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Crl.MC.No. 325 of 2009() ------------------------------ CC.485/2000 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S):ACCUSED -------------------------- 1. VENU,S/O.VIJAYA MENON, SATHIVILAS HOUSE, RAVIPURAM, ERNAKULAM. 2. VILASINI, W/O.VIJAYA MENON, SANTHIVILAS HOUSE,RAVIPURAM, ERNAKULAM. BY ADV. SRI.VARGHESE PREM RESPONDENT(S): COMPLAINANT & STATE ----------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DEEPA, D/O.SREEDHARAN PILLAI, BHARANIKAVU, PALLICKAL, MAVELIKARA. ADV. SRI.P.DEEPAK FOR R2 PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 325 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of January, 2009 O R D E R The petitioners have been found guilty, convicted and sentenced in a prosecution under Section 498A r/w. 34 I.P.C. as per judgment dt. 7.5.2008 passed by the Addl. Chief Judicial Magistrate, Ernakulam in C.C.485 of 2000. The verdict of guilty, conviction and sentence have been challenged before the appellate court and the same is pending before the Addl. Sessions Court, C.B.I.-II, Ernakulam as Crl.A. 353 of 2008. 2. The petitioners are the husband and mother-in-law of the defacto complainant, who is arrayed as the second respondent in this petition. The petitioners and the second respondent have now come before this Court to apprise this Court of the fact that the parties have settled all their outstanding disputes and the second respondent has compounded the offences allegedly committed by the petitioners. The first petitioner and the second respondent are now residing harmoniously. They have a female child, aged 9 years, living with them. Crl.M.C.No. 325 of 2009 2 3. In as much as all the outstanding disputes have been settled and the parties have resumed harmonious cohabitation along with their child, continuance of the prosecution is causing the parties unnecessary hardship and inconvenience. As the offence under Section 498A I.P.C. is not compoundable they are unable to seek the relief from the appellate court. In these circumstances the petitioners and the second respondent have appeared through their counsel before this Court to apprise this court of the fact of such harmonious settlement and resumption of cohabitation and to pray that the verdict of guilty, conviction and sentence against the petitioners may be set aside. 4. Notice was given to the learned Prosecutor, who does not oppose the application. The second respondent has entered appearance through counsel and has filed an affidavit duly attested by the counsel to confirm such settlement/composition. 5. Learned counsel for the petitioners and the second respondent pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the extra ordinary inherent jurisdiction as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) Crl.M.C.No. 325 of 2009 3 can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution surviving against the petitioners. 6. In the result: a) This Crl.M.C. is hence allowed. b) The composition is accepted and the verdict of guilty, conviction and sentence of the petitioners as per judgment dt.7.5.2008 in C.C. No. 485 of 2000 is hereby set aside. c) Crl.A. 353 of 2008 pending before the Sessions Court, Ernakulam (IV Addl. Sessions Judge, CBI-II) shall stand dismissed as unnecessary. (R. BASANT) Judge tm