IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3919 of 2008() ------------------------- CRIME NO.66/08 OF THE KILLIKOLLOOR POLICE STATION PETITIONER(S): 1ST, 2ND & 3RD ACCUSED ------------------------------------- 1. RASSAL B.S., AGED 27 YEARS, S/O.BADHARUDHEENKUTTY, PALVILA VEEDU, CHENTHAPOOR CHERRY, DECENT JUNCTION P.O., KOLLAM. 2. SULTHAN BEEVI, AGED 56 YEARS, W/O.BADHARUDHEENKUTTY, -DO- -DO- 3. BADHARUDHEENKUTTY, AGED 58 YEARS, S/O.KASSIMKUNJU, -DO- -DO- BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. NOUFIA, AGED 22 YEARS, D/O.NASEERA BEEVI, NIYAS MANZIL, THATTARKONUM, T.K.M.C. P.O., KOLLAM NOW RESIDING AT PLAVILA VEEDU, CHENTHAPOOR CHERRY, DECENT JUNCTION P.O., KOLLAM. BY P.P. SRI. S.U. NAZAR. ADV. SRI.B.PREMOD FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3919 of 2008 ------------------------------------------------- Dated this the 20th day of October, 2008 ORDER The petitioners face allegations in a crime registered alleging the offence punishable under Section 498A I.P.C. The crime has been registered on the basis of a private complaint filed by the second respondent/de facto complainant. The petitioners are the husband, mother-in-law and father-in-law respectively of the de facto complainant. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. 2. At this stage, the petitioners have come to this court along with the de facto complainant to apprise this court of the fact that they have settled all their outstanding disputes. Harmonious cohabitation has been resumed by the spouses and, in these circumstances, the second respondent has no Crl.M.C. No. 3919 of 2008 -: 2 :- intention to proceed against the petitioners. She has compounded the offence allegedly committed by all the petitioners. She has filed an affidavit duly attested by an advocate to confirm that the disputes have been settled and the offence alleged has been compounded. 3. The learned counsel pray that in the light of the settlement and composition and in the wake of the decision in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386), powers under Section 482 Cr.P.C. may be invoked to quash the proceedings against the petitioners. 4. Notice was given to the learned Public Prosecutor. He raises no objection. The counsel for the respondent/de facto complainant vouches for the signature of the de facto complainant in the affidavit. 5. I am satisfied that this is an eminently fit case where the powers under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy can be invoked and premature termination of proceedings can be brought about. 6. In the result: (a) This Crl.M.C. is allowed. (b) Crime No.66/08 of the Killikolloor Police Station in Crl.M.C. No. 3919 of 2008 -: 3 :- which the petitioners are the accused and the 2nd respondent is the de facto complainant is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge