IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Crl.MC.No. 4225 of 2008 ------------------------- CRA.477/2008 of ADDL.SESSIONS COURT, KOZHIKODE CC.368/2006 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KZHIKODE .................... PETITIONER: ------------- HEMARAJAN, AGED 38 YEARS, S/O.VASU, KALOLI HOUSE, EAST NADAKKAVU, ERANHIPALAM.P.O, KATCHERI AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENTS: ----------------- 1. STATE OF KERALA REP.BY STATION HOUSE OFFICER, NADAKKAVU POLICE STATION,CRIME NO.189 OF 2005, NADAKKAVU, KOZHIKODE.REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.RATHIBHA, AGED 31 YEARS, D/O.RAJAGOPALAN, PADATHUMPOYIL HOUSE,P.O.KAKKODI, KAKKODI AMSOM, MORIKKARA DESOM, KOZHIKODE. R1 BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 4225 OF 2008 ----------------------------------------------- Dated this the 28th day of November, 2008 O R D E R Petitioner has been found guilty, convicted and sentenced in a prosecution for the offence punishable under Section 498 A IPC. He is alleged to have committed the offence against the 2nd respondent herein, his wife. The order of conviction is now challenged and the challenge is pending before the Sessions Court, Kozhikode in Crl.A. No.477/08. 2. At this juncture, petitioner and the 2nd respondent have come before this Court to apprise to this Court of the fact that they have settled their disputes and the 2nd respondent has compounded the offence allegedly committed by the petitioner. A joint application for composition, duly signed by the rival contestants and counter signed by respective counsel, has been produced before the Court. 3. Notice was given to the learned prosecutor. The learned prosecutor does not oppose the application. Learned counsel for the petitioner and the 2nd respondent pray, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the parties having settled their Crl.M.C. No. 4225 OF 2008 -:2:- matrimonial dispute and the spouses having harmoniously separated, the extra ordinary 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 against the petitioner notwithstanding the fact that he has already been found guilty, convicted and sentenced by the trial court. 4. In the result: a) This Crl.MC is allowed. b) The composition of the offence by the 2nd respondent is accepted and the verdict of guilty, conviction and sentence imposed on the appellant in CC No.369/06 as per judgment dated 15.02.08, an appeal against which is pending before the Sessions Court, Kozhikode(First Additional Sessions Court) as Crl.A.No. No.477/08, is hereby quashed. c) Needless to say, the proceedings if any pending against the petitioner and sureties under Section 446 Cr.P.C, shall be disposed of in accordance with law. R. BASANT, JUDGE ttb Crl.M.C. No. 4225 OF 2008 -:3:- Crl.M.C. No. 4225 OF 2008 -:4:-