IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 2600 of 2008() ------------------------- (CRIME NO.176/08 OF CHALISSERY POLICE STATION) PETITIONER / ACCUSED: ------------------------ 1. ASHRAFF, S/O AATTUKOYA THANGAL, KOZHIPURATH KALLINGAL HOUSE, EDAKAZHIYOOR VILLAGE, DESOM, CHAVAKKAD, THRISSUR DISTICT. 2. AATTUKOYA THANGAL, KOZHIPURATH KALLINGAL HOUSE, EDAKAZHIYOOR VILLAGE, DESOM, CHAVAKKAD, THRISSUR DISTICT. 3. MUTHUBBHEEVI, W/O AATTUKOYA THANGAL, KOZHIPURATH KALLINGAL HOUSE, EDAKAZHIYOOR VILLAGE, DESOM, CHAVAKKAD, THRISSUR DISTICT. 4. RAHMATH,D/O ATTUKOYA THANGAL, KOZHIPURATH KALLINGAL HOUSE, EDAKAZHIYOOR VILLAGE, DESOM, CHAVAKKAD, THRISSUR DISTICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT/ STATE AND DEFACTO COMPLAINANT: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HASNATH, D/O KUNHIKOYA THANGAL, PADUVINGAL HOUSE, PERINGODE DESOM, NAGALASSERY VILLAGE, OTTAPPALAM TALUK. BY ADV. SRI.M.L.SURESH KUMAR FOR R2 PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2600 of 2008 ------------------------------------- Dated this the 30th day of July, 2008 ORDER Petitioners face allegations in a crime registered alleging the offence punishable under Section 498 A I.P.C r/w 34 I.P.C. They are the husband of the defacto complainant-the 2nd respondent herein, and his relatives. The crime was registered on the basis of the complaint of the defacto complainant/wife/2nd respondent herein. Investigation is in progress. It is at this stage that the petitioners have come before this Court along with the 2nd respondent to apprise the Court of the fact that the parties have settled their disputes harmoniously. It is prayed that powers under Section 482 Cr.P.C may be invoked as enabled by the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] to bring to premature termination this unnecessary prosecution against the petitioners. The 2nd respondent has already been divorced and the parties have settled all their disputes and are residing separately after termination of the matrimonial tie. 2. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor does not oppose the prayer, but submits that the investigation is already complete and the final report has already been filed. The learned Public Prosecutor submits that the investigator has not been able to question the Crl.M.C. No.2600 of 2008 2 2nd respondent and ascertain from her the fact of settlement/composition. 3. The counsel for the 2nd respondent asserts that the matter has been settled. An affidavit has been filed by the 2nd respondent and the same is duly attested by a counsel. The learned counsel for the 2nd respondent vouches for the fact that the 2nd respondent has settled the disputes and has compounded the offence allegedly committed by the petitioners herein. 4. I am satisfied from the submissions made at the Bar by the learned counsel for the 2nd respondent and the affidavit filed by the 2nd respondent that the disputes have been settled and the offence allegedly committed by the petitioners has been compounded by the 2nd respondent. If legally permissible and possible, I am satisfied, that the composition can be accepted and the proceedings against the petitioners including all further proceedings on the basis of the final report filed in the crime can be brought to premature termination. 5. Though the offence alleged is not compoundable, I am satisfied that this is an eminently fit case where the powers under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] and Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] can be invoked. Crl.M.C. No.2600 of 2008 3 6. In the result: i) This Crl.M.C is allowed; ii) Crime No.176 of 2008 of Chalissery Police Station and all further action in pursuance of the crime including the final report filed and cognizance if any taken already are hereby quashed. (R.BASANT, JUDGE) rtr/-