IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3857 of 2008() ----------------------------------------- S.C.NO.315/08 IN FAST TRACK COURT 2,PATHANAMTHITTA C.P.NO.67/07 OF J.F.C.M.COURT I, PATHANAMTHITTA. ------------ (CRIME NO.321/06 OF PATHANAMTHITTA POLICE STATION) PETITIONER(S): ACCUSED NO.2,3 & 4: --------------------------------------------------------- 1. P.S.HAMEED, AGED 60 YEARS, S/O.NAGOOR MEERA, ALPHIA MANZIL, VETTIPURAM MURI, PATHANAMTHITTA VILLAGE. 2. SUBAIDA, AGED 58 YEARS, W/O.HAMEED, ALPHIA MANZIL, VETTIPURAM MURI, PATHANAMTHITTA VILLAGE. 3. JAMEELA, AGED 57 YEARS, W/O.HAMEED, ALPHIA MANZIL, VETTIPURAM MURI, PATHANAMTHITTA VILLAGE. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. SHANI, AGED 24 YEARS, D/O.LUBBABATH NISSA SALIM, SHYNI MANZIL, THEKKEVILA KARA, MUNDAKKAL VILLAGE, KOLLAM TALUK. 2. SUB-INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. *ADDL.R4 IS IMPLEADED: R4. SHAJAHAN P.S., S/O.P.S.HAMEED, ALPHIA MANZIL, VETTIPURAM MURI, PATHANAMTHITTA VILLAGE. IS IMPLEADED AS ADDITIONAL FOURTH RESPONDENT AS PER ORDER DTD. 22/10/2008 IN CRL.M.A.5819/08 IN CRL.M.C.3857/08 ADV. SRI.S.M.ALTHAF FOR R1 BY PUBLIC PROSECUTOR SRI. AMJATH ALI – R2 & R3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3857 of 2008 ------------------------------------------------- Dated this the 29th day of October, 2008 ORDER The petitioners are accused 2, 3 and 4 and additional respondent No.4 is the first accused in a prosecution for offences punishable, iner alia, under Secs.498A and 315 IPC. The first respondent herein is the wife of the 4th respondent (A1) and the petitioners herein are the father-in-law and mothers-in-law, they being the wives of the first petitioner. Cognizance has been taken by the learned Magistrate. The case has been committed to the Court of Session and S.C. 315/08 is pending before the Fast Track Court-II, Pathanamthitta. Against the 4th respondent, who is not available for trial and who has not been committed, proceedings are pending as C.P.67/07 before the learned Judicial Magistrate of the First Class-I, Pathanamthitta. The Crl.M.C. No. 3857 of 2008 -: 2 :- petitioners have come before this Court along with the first respondent to apprise this Court of the fact that the first respondent has settled all her disputes with the petitioners herein and the 4th respondent. She does not, in these circumstances, want to prosecute the petitioners or the 4th respondent. She having compounded the offences and the disputes between the spouses having been settled amicably, she does not want to continue with the prosecution. It is, in these circumstances, prayed that the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) may be invoked to bring to premature termination the prosecution against the petitioners and the 4th respondent. 2. The 1st respondent has entered appearance through counsel. She has filed an affidavit duly attested and counter signed by their respective counsel to confirm that the disputes have been settled and she has compounded the offences allegedly committed by the petitioners and the 4th respondent. 3. From the affidavits filed and from the submissions made at the Bar as also from the averments in the Crl.M.C., I am satisfied that the parties have willingly and voluntarily settled their disputes. Notwithstanding the fact that the offences alleged Crl.M.C. No. 3857 of 2008 -: 3 :- are not compoundable, I am satisfied that this is an eminently fit case where the dictum in Madhan Mohan Abbot safely be invoked and proceedings can be quashed under Sec.482 Cr.P.C. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. 5. In the result: (a) This Crl.M.C. is allowed. (b) S.C.No.315/08 before the Fast Track Court-II, Pathanamthitta, pending against the petitioners 1 to 3 (accused 2 to 4) and C.P.No.67/07 pending before the JFCM Court-I, Pathanamthitta, against the 4th respondent (accused No.1) are hereby quashed. (c) Needless to say, proceedings, if any, pending against the petitioners (accused 2 to 4) and the 4th respondent (accused No.1) and their sureties under Sec.446 Cr.P.C. shall be disposed of by the courts concerned in accordance with law. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 3857 of 2008 -: 4 :-