IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Crl.MC.No. 2494 of 2008() ------------------------- CC.212/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES), MANJERI .................... PETITIONER: ACCUSED & DEFACTO COMPLAINANT ----------------------------------------- 1. MAMMILIPATTU MUHAMMED RAFEEQUE, S/O.HAMZA @ HAMZA KOYA, RAFEEZA MANZIL, KUZHIMANNA EKKAPARAMBU, MALAPPURAM DISTRICT. 2. ASMABI, D/O.ABDUL MAJEED, RAHMATH MANZIL KOORIYAD, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2494 of 2008 ------------------------------------------------- Dated this the 3rd day of July, 2008 ORDER The petitioners are the accused and the de facto complainant in a prosecution for offences punishable, inter alia, under Sec.498A of the IPC. Other co-accused have already been tried, found not guilty and acquitted. The 1st petitioner, who is the husband of the 2nd petitioner/de facto complainant, was not available for trial and hence the case against him has been split up and re-numbered. The same is now pending as C.C.No.424/08 before the Judicial Magistrate of the First Class-II (Forest Offences), Manjeri. 2. The petitioners have now come before this Court to apprise this Court of the fact that the disputes between them have been settled amicably and harmoniously and Annexure-C agreement has been executed between them resolving all Crl.M.C. No. 2494 of 2008 -: 2 :- outstanding controversies. The spouses have separated harmoniously and all mutual rights and liabilities have been settled. The learned counsel for the petitioners undertakes that the petitioners are accused and the de facto complainant and that there is no dispute regarding the identity of such persons. I accept the submissions of the learned counsel for the petitioners that the petitioners are accused and the de facto complainant in C.C.No.424/08. I am satisfied from the submissions at the Bar as also the averments in the Crl.M.C. and the documents produced along with the Crl.M.C. that the parties have settled their disputes harmoniously. If legally possible and permissible, I am satisfied that the settlement/composition can be accepted and the proceedings can be brought to premature termination. 3. The offence under Sec.498A of the IPC is not compoundable. But the learned counsel for the parties, in these circumstances, rightly rely on the decision of the Supreme Court in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). I am satisfied that, relying on the said decision, powers under Sec.482 of the Cr.P.C. can be invoked in the facts and circumstances of the instant case where such invocation is found to be imminently justified. Crl.M.C. No. 2494 of 2008 -: 3 :- 5. In the result: (a) This Crl.M.C. is allowed. (b) C.C.No.424/08 pending before the Judicial Magistrate of the First Class-II (Forest Offences), Manjeri, against the 1st petitioner is hereby quashed. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge