IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Crl.MC.No. 340 of 2009() ------------------------ CC.448/2007 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG CRIME NO.184/2007 OF BEKAL POLICE STATION .................... PETITIONER(S): ACCUSED 1 TO 4 AND DEFACTO COMPLAINANT --------------- 1. HARIS.M., S/O.THEKKOTT ABDULLA B.M.H.HOUSE, MOUVAL, PALLIKKARA VILLAGE, HOSDURG TALUK. 2. DAINABI, W/O. ABDULLA B.M.H.HOUSE, MOUVAL, PALLIKKARA VILLAGE, HOSDURG TALUK. 3. HAMEED, S/O. MOIDEEN B.M.H.HOUSE, MOUVAL, PALLIKKARA VILLAGE, HOSDURG TALUK. 4. BEEFATHUMMA @ BEEVI, D/O. ABDULLA B.M.H.HOUSE, MOUVAL, PALLIKKARA VILLAGE, HOSDURG TALUK. 5. ZEENATH, D/O. ASSAINAR KOUVAL HOUSE, CHITHARI VILLAGE,HOSDURG TALUK BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): --------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.340 of 2009 ------------------------------------- Dated this the 29th day of January, 2009 ORDER Petitioners 1 to 4 face indictment in a prosecution for the offence punishable under Section 498 A r/w 34 I.P.C. Altogether there are 4 accused persons. The 1st petitioner is the husband of the 5th petitioner and petitioners 2 to 4 are the relatives of the 1st petitioner. Cognizance has been taken by the learned Magistrate. Trial has not commenced yet. 2. It is at this juncture that all the petitioners have come before this Court to apprise this Court of the fact that the disputes between them have already been settled harmoniously. The 5th petitioner/defacto complainant has compounded the offences allegedly committed by petitioners 1 to 4. The spouses after settling all their disputes have now resumed co-habitation. In these circumstances, it is prayed that the extraordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshy v. State of Haryana [A.I.R (2003) SC 1386] may be invoked to bring to premature termination the irrelevant, unnecessary and meaningless prosecution against petitioners 1 to 4. Crl.M.C. No.340 of 2009 2 3. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor confirms that there has been such a harmonious settlement of the disputes and composition of the offences by the 5th petitioner. State has no objection against the proposed quashing of proceedings. The 5th petitioner, who has entered appearance through counsel, has filed an affidavit to confirm such settlement/composition. I am satisfied that this is an eminently fit case where the prosecution against petitioners 1 to 4 can now be quashed. 4. In the result: a) This Crl.M.C is allowed; b) C.C.No.448 of 2007 pending before the Judicial Magistrate of the First Class-II, Hosdurg, in which petitioners 1 to 4 are the accused and the 5th petitioner is the defacto complainant, is hereby quashed; c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. (R.BASANT, JUDGE) rtr/-