IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4261 of 2008() ------------------------- CC.139/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- 1. JAYSOL, S/O. ALI, AGED 29 YEARS, NEROTH THAZHAM HOUSE, P.O. PERUMANNA, KOZHIKODE DISTRICT. 2. ALI, S/O. MOIDU, AGED 55 YEARS, NEROTH TAZHAM HOUSE, P.O. PERUMANNA, KOZHIKODE DISTRICT. 3. BICHEEVI, W/O. ALI, AGED 48 YEARS, NEROTH THAZHAM HOUSE, P.O. PERUMANNA, KOZHIKODE DISTRICT. 4. SABIRA, W/O. HAFFER, AGED 27 YEARS, MUTHUNILAM VAYAL HOUSE, THAMBI ROAD, BEYPORE, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.S.ANISH RESPONDENT(S): COMPLAINANT/STATE --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HAIRUNEESA, D/O. KUNJOTHI, MUTHEDATH HOUSE, CHUNGAM 8-4, FEROK, KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.S.U.NAZAR SRI.N.PRAKASAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4261 of 2008 ---------------------------------------- Dated this the 26th day of November 2008 O R D E R The petitioners herein and the additional third respondent face indictment in a prosecution for the offence punishable inter alia under Section 498A I.P.C. Investigation is complete. Final report has already been filed. The crux of the allegations against them is that they are guilty of matrimonial cruelty of the culpable variety against the second respondent herein. The first petitioner is the husband of the second respondent. The other petitioners and the third respondent are the relatives of the first petitioner. Trial has not commenced yet. At this juncture, the accused along with the second respondent/de facto complainant have come before this court to apprise this court of the fact that the parties have settled all their outstanding disputes and the second respondent compounded all offences allegedly committed by the accused persons. An affidavit has been filed by the second respondent to confirm such settlement/composition. The spouses have separated and the marital tie has been dissolved by agreement. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. Crl.M.C.No.4261/08 2 3. The learned counsel for the petitioners and respondents 2 and 3 pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extraordinary inherent jurisdiction under Section 482 Cr.P.C as enabled by the dictum in B.S.Joshi vs. State of Haryana [AIR 2003 SC 1386] can safely be invoked to bring to premature termination the prosecution of the accused persons which has now become irrelevant and unnecessary. 4. In the result, a) This petition is allowed. b) C.C.No.139/2008 pending before the learned J.F.C.M- V, Kozhikode in which the petitioners and the third respondent are the accused and the second respondent is the de facto complainant is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.4261/08 3 Crl.M.C.No.4261/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008