IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Crl.MC.No. 2902 of 2008() ------------------------- CRIME NO.143/2005 OF MUNAMBAM POLICE STATION PETITIONER: ACCUSED ------------------- SAJEEV KUMAR, AGED 43, S/O. ACHUTHAN, LAKSHMI BHAVAN, KUZHUPILLY, AYYAMPILLY.P.O, ERNAKULAM. BY ADV. SRI.C.P.AJAYAKUMAR SMT.M.K.SHIMI RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SANGEETHA, AGED 32, D/O. GOPALAKRISHNAN, THUNDIYIL HOUSE, NAYARAMBALAM.P.O, ERNAKULAM. BY ADV. SRI.M.M.SAIDU MUHAMMED FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2902 of 2008 ---------------------------------------- Dated this the 14th day of August 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 498A I.P.C. The learned Public Prosecutor submits that the final report has already been filed in crime No.143/2005. Number of the proceedings registered on the basis of the final report is not made available to the court by either side. The petitioner is the husband of the second respondent that is the de facto complainant. Allegations of matrimonial cruelty are raised by the second respondent against the petitioner herein. While the matter was pending before the investigator, it is submitted that the petitioner and the second respondent have settled their disputes and the second respondent has compounded the offence allegedly committed by the petitioner herein. The marital tie has already been dissolved by the order of the Family Court. In these circumstances, the petitioner and the second respondent have come before this court through their counsel and they pray that the prosecution against the petitioner may now be quashed. An affidavit of the second respondent has been filed duly countersigned by her Crl.M.C.No.2902/08 2 counsel. The learned counsel for the second respondent vouches for the fact that the dispute has been settled and that the second respondent has compounded the offence allegedly committed by the petitioner. 2. I am satisfied in the facts and circumstances of this case that the dispute has been settled and the second respondent has compounded the offence allegedly committed by the petitioner. If legally permissible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. Notwithstanding the fact that the offences are non-compoundable, I am satisfied that the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can be invoked to bring to premature termination the proceedings against the petitioner. 3. In the result, a) This Crl.M.C is allowed. b) Crime No.143/2005 of Munambam police station and all further proceedings taken in pursuance of the final report filed in that crime is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2902/08 3 Crl.M.C.No.2902/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008