IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3862 of 2008() ------------------------- CP.47/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S): ACCUSED; ----------------------- 1. NOUSHAD.T., AGED 24, S/O.YOUSAF, THAIKKANDATHIL HOUSE, N.A.D., NOW RESIDING AT C/O.IBRAHIM KUTTY, CHALAYIL ILLICKAL HOUSE, PULLALIKARA BHAGAM, NEAR N.A.D, EDATHALA KARA, CHOONDY VILLAGE, ALUVA TALUK. 2. RASEENA, AGED 40, W/O.YOUSAF, THAIKKANDATHIL HOUSE, NAD, NOW RESIDING AT C/O.IBRAHIM KUTTY, CHALAYIL ILLICKAL HOUSE, PULLALIKARA BHAGAM, NEAR N.A.D, EDATHALA KARA, CHOONDY VILLAGE, ALUVA TALUK. BY ADV. SRI.V.M.SAJAN SRI.JAISON JOSEPH RESPONDENT(S): --------------- 1. T.H.ABOOBACKER, AGED 65, THOPPILPARAMBIL HOUSE, NEAR EDAPPILLY TOLL, PUTHUPALLYPRAM KARA, TRIKKAKARA N. VILLAGE. 2. ZEENATH, AGED 22, D/O.T.H.ABOOBACKER, AGED 65,THOPPILPARAMBIL HOUSE, NEAR EDAPPILLY TOLL PUTHUPALLYPRAM KARA, TRIKKAKARA N. VILLAGE. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. ADV. SRI.P.SHAIJAN JOSEPH FOR R1&R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3862 of 2008 ------------------------------------------------- Dated this the 23rd day of October, 2008 ORDER The petitioners face indictment in a prosecution for offences punishable, inter alia, under Secs.498A and 308 IPC. The allegations of matrimonial cruelty are raised against the petitioners who are the husband and mother-in-law of the 2nd respondent/victim. She is said to be deaf and dumb. It is her father – the 1st respondent who had initiated the proceedings on her behalf. After completing the investigation, final report has been filed. Cognizance has been taken. Committal proceedings has been registered. The proceedings are pending before the learned Judicial Magistrate of the First Class-II, Aluva. 2. At this stage, the petitioners and respondents 1 and 2 duly represented by their counsel have come before this Court Crl.M.C. No. 3862 of 2008 -: 2 :- with a prayer that the powers under Sec.482 Cr.P.C. as enabled by the dictum in B.S. Joshy v. State of Haryana (AIR 2003 SC 1386); Madhan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287) and Nikhil Merchant v. C.B.I. (2008 (3) KLT 769 (SC)) may be invoked to prematurely terminate the proceedings against the petitioners. Respondents 1 and 2 have entered appearance through counsel. They have filed an affidavit to confirm that the disputes have been settled and all the offences have been compounded by them. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not also oppose the application. There is an allegation under Sec.308 IPC and in the light of the that, the learned Public Prosecutor was requested to enlighten this Court as to whether any serious injury has been suffered by the victim. It is conceded that no serious injury has been suffered by the victim. 4. Basically and essentially it is a matrimonial dispute. The parties have settled their disputes. Divorce has already been effected, it is submitted. The dispute is purely private and personal between the parties. I am persuaded to agree that this is an eminently fit case where the extraordinary inherent jurisdiction under Sec.482 Cr.P.C. as enabled by the dictum in Crl.M.C. No. 3862 of 2008 -: 3 :- the three cases referred above can safely be invoked and premature termination of the proceedings can be brought about. 5. In the result: (a) This Crl.M.C. is allowed. (b) C.P.No.47/08 pending before the learned Judicial First Class Magistrate-II, Aluva, against the petitioners herein under is hereby quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3862 of 2008 -: 4 :-