IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 Crl.MC.No. 2533 of 2008() ------------------------- CRIME NO. 1237/08 OF PERUMBAVOOR POLICE STATION PETITIONERS/ACCUSED: ----------------------------------- 1. NAJEEB MUHAMMED, S/O.K.A. MUHAMMED KUNNATHAN HOUSE, RAYONPURAM, PERUMBA, ERNAKULAM DIST. 2. K.A. MUHAMMED, S/O. ABDUL KHADER DO. DO. 3. AMINA MUHAMMED, W/O. K.A. MUHAMMED DO. DO. 4. JISINA FIROZ, W/O. FIROZ @ BABU SANKARANKUZHI HOUSE, EDAYAPURAM THOTTUMUGHAM, ALUVA, ERNAKULAM DIST. 5. FIROZ @ BABU S/O. S.K. HIDAYATH DO. DO. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT: ------------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. AYISHA C. ALI, D/O. C.V. ALI CHERAKKEKUDI HOUSE, ALLAPRA P.O. PERUMBAVOOR, ERNAKULAM DIST. R1 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2533 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2008 O R D E R The petitioners face allegations in a crime registered alleging offences punishable under Sections 498A and 406 r/w. 34 I.P.C. The first petitioner is the husband of the defacto complainant, i.e. the second respondent herein. Petitioners 2 to 5 are relatives of the first petitioner. Allegations of matrimonial cruelty are raised in a private complaint filed before the Magistrate which was referred to the police for investigation. Crime has been registered. Investigation is in progress. During the pendency of the proceedings the petitioners and the second respondent have settled their disputes. They have executed Annex.B agreement before a Notary Public. They have come together before this Court to apprise this Court of the fact that they have settled all their disputes. The marriage which was short lived – for less than one month – has now been dissolved as agreed by the parties. In these circumstances it is prayed that the Crl.M.C.No. 2533 of 2008 2 settlement may be taken note of and the composition of the offences allegedly committed by petitioners 1 to 5 against the second respondent may be reckoned as sufficient reasons to invoke the extra ordinary inherent jurisdiction under section 482 Cr.P.C. and quash the proceedings in the crime registered against the petitioners. 2. The counsel for the petitioners and the counsel for the second respondent vouch before this Court that they are the accused and the respondent respectively and that they have willingly and voluntarily settled their disputes. 3. Notice was given to the learned Prosecutor. He does not oppose the prayer. I am satisfied that the parties have settled their disputes willingly and voluntarily. If legally permissible, the settlement can be recognized and further proceedings can be quashed. 4. The offence under Section 498A I.P.C. is not compoundable. The counsel in these circumstances rely on the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386). They pray that the matrimonial disputes having been settled, the parties may be saved of Crl.M.C.No. 2533 of 2008 3 the trauma of unnecessary continuance of criminal prosecution initiated against petitioners 1 to 5. 5. I am satisfied that in the facts and circumstances of this case, powers under Section 482 Cr.P.C. can be invoked to bring to premature termination of the proceedings initiated against petitioners 1 to 5. 5. This Crl.M.C. is accordingly allowed. Crime No. 1237 of 2008 of Perumbavoor Police Station against the petitioners at the instance of the second respondent is hereby quashed. (R. BASANT) Judge tm