IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 Crl.MC.No. 4818 of 2008() ------------------------- CRIME NO. 579 OF 2007 OF THALASSERY POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.7807/2007 .................... PETITIONER(S): COMPLAINANT & ACCUSED NO.1: ------------------------------------------ 1. T.P.FALEELA, D/O.AHAMMED, AGED 26 YEARS, HOUSEWIFE, NOW RESIDING AT N.P.MANZIL, SAIDARPALLY, THALASSERY, THALASSERY TALUK, KANNUR DISTRICT. 2. MOHAMMED ASLAM, S/O.MOHAMMED, AGED 37 YEARS, BUSINESSMAN, RESIDING AT N.P.MANZIL, SAIDARPALLY, THALASSERY, THALASSERY TALUK, KANNUR DISTRICT BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4818 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2008 O R D E R The petitioners herein, spouses, are the defacto complainant and the first accused respectively in Crime No.579 of 2007 registered alleging offences punishable, inter alia, under Section 498A I.P.C. Crime was registered on the basis of a complaint filed by the first petitioner before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. Final report has not been filed so far. Respondents 2 to 6 are the co-accused, who have been arrayed as accused along with the second respondent in the said crime. 2. The petitioners along with respondents 2 to 6 have now come before this Court to apprise this court of the fact that the disputes have been settled amicably and that the spouses have resumed harmonious cohabitation. The first petitioner has filed an affidavit also before this court to confirm such settlement/composition. Crl.M.C.No. 4818 of 2008 2 3. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that this is an eminently fit case where the extra ordinary inherent jurisdiction under Section 482 Cr.P.C. as enabled by the dictum in B.S. Joshi v. State of Haryana (AIR 2003 SC 1386) can safely be invoked to bring to premature termination the unnecessary and irrelevant prosecution against the petitioners. 4. In the result: a) This Crl.M.C. is accordingly allowed. b) Crime No. 579 of 2007 of Thalasserry police station, in which the first petitioner is the defacto complainant and petitioner No.2 and respondents 2 to 6 are the accused, is hereby quashed. c) Needless to say, proceedings under Section 446 Cr.P.C., if any, pending against the petitioner and his sureties shall be disposed of by the learned Magistrate in accordance with law. (R. BASANT) Judge tm Crl.M.C.No. 4818 of 2008 3